Shyam Sundar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32770 of 2023 Arising Out of PS. Case No.-632 Year-2022 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Shyam Sundar Kumar Son Of Late Banti Singh Resident Of Village- Barauni Flag Ghat, Ps- Teghra, , Distt- Begusarai, Presently Residing At Ashok Nagar, Pokharia, Ps- Town, Distt- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Sumiran Rai For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Town P.S. Case No. 632 of 2022 instituted for the offence under Section 414 of the Indian Penal Code and Sections 25(1-b)a and 26 of the Arms Act.

Prosecution case relates to recovery of one country made pistol, four live cartridges, one mobile phone and two motorcycles from the possession of the petitioner. It is alleged that this petitioner was living in the rented room of one Anil Singh from where the recovery has been made. The petitioner

Patna High Court CR. MISC. No.32770 of 2023(3) dt.03-08-2023 2/3 has failed to produce any documentary evidence in respect of the above said recovery.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case due to this criminal antecedents. It is further submitted that there is no independent witness of the seizure list and nothing has been recovered from his conscious possession. Moreover, the petitioner is languishing in judicial custody since 15.10.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in F.I.R. and further submitted that seizure list shows that the incriminating articles have been recovered from the possession which is rented house of the petitioner and he has not given any plausible explanation and also did not produce any documentary evidence before the police in respect of the recovery. It is also submitted that petitioner has seven criminal antecedents.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

Patna High Court CR. MISC. No.32770 of 2023(3) dt.03-08-2023 3/3 The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) shubham/- U T