Mukesh Kumar @ Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 27513 of 2025 Arising Out of PS. Case No.-964 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Mukesh Kumar @ Rupesh Kumar, aged about 29 years, male, son of Chandeshwar Ray, Resident of Village- Panapur Gobrahi, ward no.-07, P.S.- Hajipur Sadar, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-05-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 310(4), 310(5) and 113(3) of the BNS and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per allegation in the FIR, the informant received informant that he along with other police personnel reached at Bibhuti Singh's Daheria and four persons started fleeing on seeing them and two persons were apprehended by them who disclosed their names as petitioner and other co-accused persons and on search, two pistols, live cartridges, mobile phones were recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No. 27513 of 2025(2) dt.07-05-2025 2/2 petitioner has falsely been implicated in this case. He next submits that petitioner has got three criminal antecedent and he is in custody since 19.12.2024.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has got three criminal antecedents and recovered arms from the possession of the petitioner.

6. On perusal of the first information report and impugned order dated 20.03.2025, it appears that one country made pistol with live cartridges as also mobiles were recovered from the possession of the petitioner and there is allegation of attempt to commit dacoity at jewellery shop against him and petitioner is also involved in three other criminal cases, so I am not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T