Patna High CourtCR. MISC./10994/2024bail rejected

Gopal Kumar v. The State Of Bihar

2024-02-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10994 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== Gopal Kumar Son, of Anirudh Paswan R/o Village - Narahia, P.S.- Sasaram, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoranjan Kumar, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Maner P.S. Case No. 709 of 2023, lodged on 01.10.2023 under Sections 147, 148, 149, 447, 307, 386, 379, 504, 506, 120(B) of the Indian Penal Code read with sections 25(1-B)a/26/35/27 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against 22 named accused persons including the present petitioner against whom the allegation is that they were involved in illegal mining of soil from Suarmarwa, near east bank of river Sone.

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

Patna High Court CR. MISC. No.10994 of 2024(2) dt.22-02-2024 2/2 also submits that one loaded desi rifle and total 101 live cartridges were recovered from the possession of the petitioner. Counsel further submits that the antecedent of the petitioner is clean and he is in custody since 02.10.2023.

5. Learned counsel for the petitioner submits that charge-sheet has already been submitted in this case. Counsel also submits that the seizure list is defective and it may not be taken into consideration.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that one loaded desi rifle and total 101 live cartridges were recovered from the possession of the petitioner and he was involved in illegal mining operation.

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

8. Accordingly, the prayer for regular bail of the petitioner in connection with Maner P.S. Case No. 709 of 2023, pending before the learned Judicial Magistrate 1st Class, Danapur, Patna is hereby rejected.

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