Raju Kumar @ Raja Babu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63883 of 2021 Arising Out of PS. Case No.-560 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== Raju Kumar @ Raja Babu S/O Vinod Bhagat @ Binod Bhagat R/O VillageGosai Tola, P.S.- Kanti, District- Muzaffarpur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Mishra For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 31-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 399, 402 of the Indian Penal Code, Sections 25(1-b)a, 26, 35 of the Arms Act and Section 8(c), 21(b), 22(c) of the N.D.P.S. Act.

The learned counsel for the petitioner submits that the petitioner is in custody since 02.09.2021, he is a person with clean antecedent and charge-sheet has been submitted in this case.

Allegation is of recovery of one pistol, two cartridges and 100 grams of smack.

The learned counsel for the petitioner submits that petitioner has been falsely implicated and even presuming what

Patna High Court CR. MISC. No.63883 of 2021(2) dt.31-03-2022 2/2 has been alleged is true without admitting for the purpose of bail, it is the first offence of the petitioner. Learned A.P.P. opposes the bail application and submits that recovery of smack is much more than the small quantity and the same was recovered from the conscious possession of the petitioner.

Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner stands rejected for the present.

(Satyavrat Verma, J) vikash/- U T