Patna High CourtCR. MISC./20386/2024bail rejected

Nikhil Kumar v. The State Of Bihar

2024-04-02Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20386 of 2024 Arising Out of PS. Case No.-848 Year-2023 Thana- AMARPUR District- Banka ====================================================== Nikhil Kumar S/o Mithlesh Kumar Choudhary @ Bablu Choudhary R/o vill - Bharko, P.S. - Amarpur, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate Mr. Amit Kumar Mishra, Advocate Mr. Vinit Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-04-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur P.S. Case no.848 of 2023, registered under sections 25(1-B)(a) and 26 of the Arms Act.

3. As per the prosecution case, two country made katta along with two live cartridges were recovered from the house of the petitioner and he was taken into custody.

4. Learned counsel for the petitioner submits that no incriminating article has been recovered from the petitioner's possession who has been falsely implicated in the case. Even as per the ballistic report, one of the two arms allegedly recovered was not found to be functional. The petitioner has no criminal

Patna High Court CR. MISC. No.20386 of 2024(2) dt.02-04-2024 2/2 antecedent and is in custody since 17.12.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR, according to which two country made kattas along with two live cartridges were recovered from the house of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Shiv/- U T