Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51426 of 2022 Arising Out of PS. Case No.-188 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJA KUMAR S/o Banti Singh R/o vill.- Ghatkindi- Durga Asthan, P.S.- Barauni, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Begusarai Muffasil (Lakho O.P.) P.S. Case No. 188 of 2022 registered for the offences punishable under Sections 25(1-B) a, 26 of the Arms Act.

As per the prosecution, the police personnel acting upon a secret information raided the alleged place and apprehended this petitioner and upon making search upon him a country-made pistol with one live cartridge was recovered. The main submissions advanced by the learned counsel Mr. Shubhesh Pandey for the petitioner are that though

Patna High Court CR. MISC. No.51426 of 2022(4) dt.14-02-2023 2/2 against the petitioner there are criminal antecedents of seven cases but in most of the said cases the petitioner is not named and his name has surfaced during the course of investigation in the said cases without any material evidence and the petitioner has been languishing in jail since 17.04.2022 and the procedure of search and seizure was not followed while making the recovery of the alleged fire arms.

Learned APP Raj Ballabh Singh appearing for the State has opposed the bail prayer.

Considering the criminal antecedents of seven cases of the petitioner and the nature of allegation appearing against the petitioner, this court is not inclined to accept the petitioner's prayer for bail. Accordingly, his bail prayer stands rejected. Petitioner is given a liberty to renew his prayer for bail before the trial court after six months from the date of this order and when he prefers the said liberty, the trial court will decide his prayer without being prejudice by this order keeping in view the relevant progress in the petitioner's trial. (Shailendra Singh, J) Rajiv/- U T