Patna High CourtCR. MISC./24447/2020bail rejected

Abhishek Kumar v. The State Of Bihar

2020-09-22Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24447 of 2020 Arising Out of PS. Case No.-59 Year-2020 Thana- MAHUA District- Vaishali ====================================================== ABHISHEK KUMAR Son of Late Nitesh Kumar Singh Resident of VillageChak Kaji Nizam, P.S.- Mahua, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Rajendra Nath Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-09-2020 Heard Mr. Umesh Chandra Verma, learned counsel for the petitioner and Mr. Rajendra Nath Jha, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with Mahua PS Case No. 59/2020 registered for the offence punishable under Section 25 (1-b)a, 26 & 35 of the Arms Act.

3. The allegation against the petitioner as per First Information Report is that the police intercepted the motorcycle on which three persons were travelling and upon search, the police recovered a loaded country made pistol and a live cartridge from the petitioner and papers of the motorcycle were not shown to the police.

4. Learned counsel for the petitioner submits that the petitioner has been implicated in this case by the police with an oblique motive. Learned counsel further submits that the

Patna High Court CR. MISC. No.24447 of 2020(2) dt.22-09-2020 2/2 petitioner has remained in custody for about more than six months since 05.02.2020.

5. Learned counsel for the state, on the other hand, submits that petitioner has got criminal antecedents and does not deserve privilege of bail.

6. Having regard to the submissions made by the parties and taking into consideration the material on record, I am not inclined to grant regular bail to the petitioner at this stage. Hence, the prayer for bail is rejected.

7. However, petitioner may renew his prayer after six months from today, if the trial does not show any progress. (Anil Kumar Sinha, J) perwez U T