Patna High CourtCR. MISC./44020/2024rejected

Bhavesh Kumar @ Bhavesh Kumar Singh v. The State Of Bihar

2024-09-18Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44020 of 2024 Arising Out of PS. Case No.-13 Year-2024 Thana- SAJOUR District- Bhagalpur ====================================================== Bhavesh Kumar @ Bhavesh Kumar Singh Son Of Chhotelal Singh VillageFulwariya, P.S.- Sajour, District - Bhagalpur ... ... 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. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-09-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Sajour Police Station Case No. 13 of 2024 registered for the offence under Sections 25(1-b)a / 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, it is a case of recovery of two country made pistol, seven live cartridges and 13 bottles of illicit liquor from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating articles have been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 12.04.2024.

5. However, learned APP for the State vehemently

Patna High Court CR. MISC. No.44020 of 2024(3) dt.18-09-2024 2/2 opposed the prayer for regular bail.

6. On perusal of the FIR, seizure list and impugned order dated 20.05.2024, it appears that two country made pistol, seven live cartridges and 13 bottles of illicit liquor recovered from the possession of the petitioner. It also appears from para 3 of the bail application that the petitioner has three criminal antecedents, so considering the recovery made from the conscious possession of the petitioner and serious allegation levelled against the him, I am not inclined to grant bail to the petitioner.

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

(Ramesh Chand Malviya, J) saurabhkr/- U T