Rajesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18153 of 2023 Arising Out of PS. Case No.-565 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJESH KUMAR S/o Late Ramadhar Singh @ Late Ram Sagar Singh R/o Village- Lakho, P.S.- Lakho, Distt- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018. Learned counsel for the petitioner submits that petitioner has antecedent of one case.
Allegation is of recovery of one country made pistol, eight live cartridges, two magazines, one passbook, one School I.D. Card as well as 100 ml. of liquor along with empty bottle of liquor from the house of the petitioner.
Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case. It is further submitted that petitioner was not arrested from the spot,
Patna High Court CR. MISC. No.18153 of 2023(2) dt.10-05-2023 2/2 as such, nothing was recovered from his conscious possession. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that the alleged recovery of arms and ammunitions is from the house of the petitioner and the petitioner has antecedent of one case under the Arms Act.
Considering the submissions made by the learned A.P.P., the Court is not inclined to grant anticipatory bail to the petitioner in connection with Begusarai Mufassil (Lakho) P.S. Case No. 565 of 2022 pending in the Court of learned Exclusive Special Judge, Excise-I, Civil Court, Begusarai/successor Court. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.
(Satyavrat Verma, J) Kundan/- U T