Rajan Mishra @ Archit Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56860 of 2024 Arising Out of PS. Case No.-658 Year-2023 Thana- SIWAN CITY District- Siwan ====================================================== Rajan Mishra @ Archit Mishra Son of Uday Mishra Resident of villageKarmaul, P.S.- Asaon, Dist.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-08-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Siwan Town P.S. Case No.658 of 2023 registered for the offence under Sections 25(1-b)a and 26 of the Arms Act and Sections 8, 20(b)(ii)(B) of the NDPS Act.

3.

As per FIR, there is recovery of one country made pistol along with three live cartridges, 440 gram of contraband i.e. Charas, etc. from possession of this petitioner. 4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that alleged recovery was not made from physical possession of the

Patna High Court CR. MISC. No.56860 of 2024(2) dt.19-08-2024 2/2 petitioner and he has no concern with the alleged recovery. It is submitted that the alleged recovery is less than commercial quantity. It is further submitted that petitioner is in custody since 26.12.2023.

5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

In view of the submissions, as made above, as it appears from perusal of FIR that recovery of one country made pistol, total 440 gram of contraband i.e. Charas, etc. was recovered from physical possession of this petitioner, where, petitioner is also involved in other cases like NDPS Case, attempt to murder, robbery, etc., this Court is not inclined to grant bail to the petitioner.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T