Raj Kumar Singh @ Bulet Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49252 of 2024 Arising Out of PS. Case No.-486 Year-2023 Thana- KESARIA District- East Champaran ====================================================== Raj Kumar Singh @ Bulet Singh Son of Late Shankar Singh R/o VillageFultakiya, P.S.- Kesariya, District- East Champaran (Motihari) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar, Advocate For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 25(1-b)a and 26 of the Arms Act.

3. As per allegation in the FIR, it is a case of recovery of one country made pistol and four live cartridges.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner confessed about the said incriminating articles and on the basis of raid made by the raiding party, the said articles were recovered and nothing has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 16.10.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that petitioner has four

Patna High Court CR. MISC. No. 49252 of 2024(2) dt.22-07-2024 2/2 criminal antecedent.

6. On perusal of the first information report and impugned order dated 01.06.2024, it appears that the petitioner had conscious possession of the petitioner and four live cartridges and the prosecution witnesses and the informant fully supported the prosecution story and also the fact that petitioner has four criminal antecedent, i.e., (1) Chakia P.S. Case No. 301 of 2023 for an offence under Sections 302 and 120B of the IPC and 27 of the Arms Act, (2) Pipra Kothi P.S. Case No. 63 of 2023 for an offence under Sections 399, 420, 120B of the IPC and Section 25(1-D), 25(1-(1-A), 25(1-AA), 26/35 of the Arms Act, (3) Keshariya P.S. Case No. 227 of 2017 for an offence under Sections 25(1-b)a, 26 of the Arms Act and (4) Keshariya P.S. Case No. 96 of 2020 for an offence under Sections 30(a) of the Excise Act and he is on bail in three cases except for Chakiya P.S. Case No. 301 of 2023 as stated in para-3 of the petition, considering which, I am not inclined to grant bail to the petitioner.

7. Prayer for bail of the petitioner is hereby rejected. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T