Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49138 of 2022 Arising Out of PS. Case No.-70 Year-2022 Thana- BALIYA District- Begusarai ====================================================== CHHOTU KUMAR Son of Lalan Kumar Chaudhary Resident of Village - Bhagatpur, P.s.- Baliya, Distt.-Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Y.C. Verma, Sr Advocate Mr. Priyanka Singh, Advocate For the Opposite Party/s :

Mr.Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-12-2022 Heard Mr. Y.C. Verma, learned senior counsel for the petitioner and Mr. Md. Aslam Ansari, learned Additional Public Prosecutor for the State through video conferencing. Petitioner seeks regular bail in connection with Balia PS Case No. 70/2022 registered for the offence punishable under Sections 25(1-AA), 25(1-b)a, 26 and 35 of the Arms Act. As per prosecution case, one carbine with magazine along with one folding knife have been recovered from the possession of the petitioner.

Learned senior counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and at time of seizure, procedure prescribed under Section 100 CrPC has not been complied with. He further submits that the petitioner is in custody since 10.03.2022 i.e.,

Patna High Court CR. MISC. No.49138 of 2022(2) dt.23-12-2022 2/2 for more than six months.

On the other hand, learned counsel for the State opposing the prayer for bail submits that petitioner has got criminal antecedents of similar nature of offence and under the NDPS Act.

Regard being had to the submissions made by the parties and taking into consideration the nature of allegation and the fact that the petitioner has got criminal antecedent of similar nature of offence, I am not inclined to grant regular bail to the petitioner at this stage.

However, if so advised, petitioner may renew his prayer for bail after six months if the trial does not register substantial progress.

(Anil Kumar Sinha, J) perwez U T