Patna High CourtCR. MISC./13468/2024bail rejected

Raju Kushwaha v. The State Of Bihar

2024-04-24Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13468 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- GOVINDGANJ District- East Champaran ====================================================== Raju Kushwaha Son of Late Asharfi Kushwaha R/o vill - Champapur, P.s. - Ramgarhwa, At Present of vill - Koiriya Tola, Sabiyata, ward no. 24, P.S. - Raxaul, Distt. - East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prateek Tandon, Adv.

For the Opposite Party/s :

Mr .Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Govindganj P.S. Case No. 658 of 2023, lodged on 28.11.2023 under Sections 8, 20(b)(ii)(c), 23(c) of the N.D.P.S. Act read with sections 25(1-b)a,26,35 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against 2 named accused persons including the present petitioner. The allegation against the present petitioner is that one country made pistol, one live cartridge and two mobile phones have been recovered which was subject to theft.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel

Patna High Court CR. MISC. No.13468 of 2024(3) dt.24-04-2024 2/2 also submits that the criminal antecedent of the petitioner is not clean and there are two criminal cases pending against him in which he is on bail in both the cases. The petitioner is in custody since 29.11.2023 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and there are two criminal cases pending against him and this aspect may be taken into consideration while considering the bail application of the petitioner.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Govindganj P.S. Case No. 658 of 2023, pending before the learned Sessions Judge/Special Judge, East Champaran, Motihari is hereby rejected.

(Dr. Anshuman, J.) Divyansh/- U