Abhishek Kumar @ Abhishek Kumar Singh @ Bhuwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55029 of 2021 Arising Out of PS. Case No.-64 Year-2021 Thana- RAJPUR District- Buxar ====================================================== ABHISHEK KUMAR @ ABHISHEK KUMAR SINGH @ BHUWAR S/o Vidyasagar Singh Resident of Village- Puraini, P.S.- Rajpur, District- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Mr. Arun Kumar Gupta, learned counsel for the petitioner and Mr. Akbar Ali, Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Rajpur PS Case No. 64/2021 registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act and Section 30(d) of Bihar Prohibition & Excise Act 2018. As per First Information Report, the police party on the basis of secret information raided the house of one Ajay Kamkar and upon seeing the police party 9 to10 persons started fleeing away from the house of the said Ajay Kamkar. However, five of them, including the petitioner, were arrested by the police. The police recovered one country made pistol, two live cartridges and liquor bottle caps, 16 cartons meant for packing liquor etc., from the said house.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55029 of 2021(2) dt.19-05-2022 2/2 petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of suspicion. Learned counsel further submits that the petitioner has got no criminal antecedent and is in custody since 23.03.2021. No incriminating material has been recovered from the possession of the petitioner.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that the petitioner has got no criminal antecedent and is in custody since 23.03.2021 and no incriminating material has been recovered from the possession of the petitioner, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, ABHISHEK KUMAR @ ABHISHEK KUMAR SINGH @ BHUWAR be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge-II-cum-Special Judge, Excise, Buxar in connection with Rajpur PS Case No. 64/2021.

(Anil Kumar Sinha, J) perwez U T