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Patna High CourtCR. MISC./27498/2020dismissed

Ajeet Kumar @ Rangdarva @ Gulli Jee v. The State Of Bihar

2020-11-02Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27498 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== AJEET KUMAR @ RANGDARVA @ GULLI JEE S/o Ram Ekwal Singh Resident of Village- Daudnagar, P.S.- Bidupur, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vasant Vikas For the Opposite Party/s :

Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 02-11-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri Matloob Rab, the learned A.P.P. appearing for the State. The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 11 of 2020 for the offence punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

The case of the prosecution, according to the informant, is that on 11.01.2020 at about 9 P.M., he got secret information that some miscreants have assembled near Dilawar Chowk at Station road and were planning to commit some crime, whereafter he along with the raiding party had reached at the place of occurrence and had managed to apprehend some of the miscreants, one of them being the petitioner herein and from the possession of the petitioner, a country made pistol, one live

Patna High Court CR. MISC. No.27498 of 2020(2) dt.02-11-2020 2/2 cartridge and a mobile phone were recovered apart from recovery of three motorcycles from the spot, documents whereof could not be produced by the petitioner and other miscreants.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 13.01.2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions advanced by the learned counsel for the parties and taking into account the fact that the petitioner is an accused in five other cases and appears to be a veteran criminal/ habitual offender, apart from the fact that not only country made pistol and live cartridges have been recovered from the possession of the petitioner but stolen motorcycles have also been recovered, I do not find the present case to be a fit case for grant of bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Tiwary/- U T