Ankit Kumar @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34083 of 2025 Arising Out of PS. Case No.-11 Year-2025 Thana- NIMACHANDPURA District- Begusarai ====================================================== Ankit Kumar @ Bittu Kumar S/o- Munna Singh @ Rajeev Kumar Chaudhary @ Rajeev Kumar Village- Harrakh Kapasia W.No-13, P.S.- Town DistBegusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Neemachandpura P.S. Case No. 11 of 2025 for the offences registered under Section 30(a) of the Bihar Prohibition & Excise Act and Section 25(1-B)a, 26/ 35 of the Arms Act.

3. As per the prosecution case, on secret information the police party reached at the house of co-accused Sonu Singh @ Ankush Kumar and apprehended two persons who disclosed their name as Bittu Kumar (petitioner) and Rohit Kumar. On search, of the room, one country made pistol having five cartridges under the pillow and one bottle containing 100ml foreign liquor were recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case.

Patna High Court CR. MISC. No.34083 of 2025(3) dt.03-09-2025 2/2 Nothing incriminating has been recovered from the conscious possession of the petitioner. Recovery has been made from the house of co-accused. Petitioner has neither concern with the seized liquor nor with the county made pistol. Petitioner has six criminal antecedents. He is in judicial custody since 07.02.2025.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner and submits that petitioner is a habitual offender as he has six criminal antecedents of heinous nature including the offences under Excise Act, Arms Act and I.P.C. and also having rape charge against the petitioner.

6. Considering submissions made on behalf of the parties, facts and circumstances of the case and the fact that petitioner has six criminal antecedents and there was recovery of country made pistol with five cartridges from the room where he was present, this Court is not inclined to enlarge the petitioner above-named on bail. Accordingly, the prayer of bail of the petitioner is rejected.

(Sunil Dutta Mishra, J.) rakhi/- U T