Patna High CourtCR. MISC./52731/2024dismissed

Bharat Kumar v. The State Of Bihar

2024-10-01Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52731 of 2024 Arising Out of PS. Case No.-337 Year-2023 Thana- LALGANJ District- Vaishali ====================================================== Bharat Kumar Son of Asharfi Ray VILLAGE- GANGARAM TOLA, REPURA, P.S.- LALGANG, DISTT.- VAISHALI, BIHAR-844121 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chandra Shekhar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 01-10-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Lalganj P.S. Case No. 337 of 2023 for the offences punishable under Sections 25(1-b)a/26 of the Arms Act.

3. As per allegation, the petitioner was an accused of a murder case I.e. Hajipur Town P.S. Case No. 731 of 2023, in which the informant with a view to arrest the petitioner, raided his house and a country-made pistol and live cartridges were recovered from his bed. No one became ready to be a seizure list witness and that is why, the seizure was made in presence of Rajendra Pandit and Amarjeet Kumar, the members of the raiding party.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.52731 of 2024(3) dt.01-10-2024 2/2 that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that nothing incriminating articles was recovered from his conscious possession of the petitioner. The petitioner is under custody since 04.10.2023.

5. On the other hand, the learned APP for the State has opposed the prayer for bail and submitted that a country-made pistol and live cartridges were recovered from his bed and the petitioner is also involved in a murder case and he has given vivid description of the entire occurrence in his confessional statement.

6. In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.

(Nawneet Kumar Pandey, J) Nirmal/- U T