Patna High CourtCR. MISC./18815/2024bail rejected

Suraj Kumar Das v. The State Of Bihar

2024-04-19Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18815 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== SURAJ KUMAR DAS Son of Umesh Das Resident of Village-Rupauli, P.S.- Patory, District-Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surya Narayan Roy For the Opposite Party/s :

Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Samastipur (M) P.S. Case No. 294 of 2023 registered for an offence punishable under Sections 399, 402, 411 and 414 of the Indian Penal Code, Sections 8/20(b), 11B of the Bihar NDPS Act and Sections 25(1-B)a, 26 and 35 of the Arms Act.

3. As per allegation in the FIR from the possession of the petitioner one country made pistol along with two live cartridge as well as 4 kg of ganja have been recovered by the police.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and nothing

Patna High Court CR. MISC. No.18815 of 2024(3) dt.19-04-2024 2/2 has been recovered from the possession of the petitioner and petitioner is in custody since 09.06.2023.

5. Learned APP for the State opposes the prayer for regular bail of the petitioner.

6. On perusal of the first information report and seizure list, it appears that the petitioner is named in the FIR and after perusal of the seizure list, it also appears that one country made pistol and 4 kg of ganja recovered from the possession of the petitioner, petitioner having six criminal antecedents as stated in para-3 of the application, considering which, I am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

8. However, the trial court is directed to conclude the trial within a period of one year from the receipt of a copy of this order and if the trial is not concluded within the stipulated time, the petitioner may have liberty to renew his prayer for bail before the trial Court.

(Ramesh Chand Malviya, J) saurabhkr/- U T