Rupak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50027 of 2022 Arising Out of PS. Case No.-172 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== Rupak Kumar Son Of Sunil Kumar Singh @ Sunil Singh, Resident of Village - Bajalpura, Ward No.13, P.S.- Teghra, Distt.- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Teghra P.S. Case No. 172 of 2022 lodged under Section 25(1-b)a, 26 of the Arms Act and Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

As per prosecution case, total recovery of 1 liter of English wine, 1.7 liter of cough syrup, one pistol and one live cartridge are alleged to be made.

Learned counsel for the petitioner submits that said recovery was not made from the conscious possession of the petitioner, rather it was made form the poultry farm of the petitioner and all those things are being transplanted in his poultry farm by his enemies. Learned counsel further submits that

Patna High Court CR. MISC. No.50027 of 2022(2) dt.18-11-2022 2/2 petitioner is in custody since 20.06.2022, having one criminal case pending against the petitioner, in which he is on bail and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail and submits that petitioner is in custody since 20.06.2022 only and arms as well as live cartridge both have been recovered from the possession of petitioner.

Upon specific query that whether charge has been framed or not, counsel for the petitioner submits that till date charge has not been framed.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. Accordingly the bail application of the petitioner is hereby rejected.

Liberty is hereby granted to the petitioner, that he may renew his prayer for bail after 4 months of framing of charge and the Trial Court is directed to release the petitioner on bail imposing its own conditions, so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) ravishankar/- U T