Chikku Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60967 of 2024 Arising Out of PS. Case No.-680 Year-2023 Thana- BIHPUR District- Bhagalpur ====================================================== Chikku Kumar, Male, aged about 19 years, Son of Sanjeet Kumar Roy @ Gulta Roy, Resident of Village - Medva, P.S. - Jhandapur (Bihpur), DistrictBhagalpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Bihpur (Jhandapur) P.S. Case No. 680 of 2023 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per the allegation in the FIR, two country made pistols, one country made musket, 36 live cartridges, 4 bottles of 352 ml and 01 bottle of 750 ml Indian made foreign liquor have been recovered from the house of the accused person.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.60967 of 2024(2) dt.10-01-2025 2/3 the petitioner is innocent and has committed no offence and has falsely been implicated in this case. Petitioner has arrested on the spot. Nothing has been recovered from the conscious possession of the petitioner and the recovery is made from the joint house of the petitioner. Mithun Kumar and Chiku Kumar (petitioner) are own brothers. Petitioner has got clean antecedent as stated in para 3 of the bail petition is in custody since 03.11.2023.
5. Learned APP opposes the prayer for bail.
6. From perusal of the seizure list, FIR and also perused the impugned order dated 20.07.2024 passed by the learned Exclusive Special Excise Judge-1, Bhagalpur. On the basis of self-statement of Assistant Sub Inspector, Ajit Kumar on 02.11.2023 he along with police force was on patrolling duty had received information that accused/petitioner Chiku Kumar and Mithun Kumar are doing business of illicit liquor and illegal arms from their house,. On such information, the informant along with police force arrive at the house of the accused persons and seized 3 country made katta and 36 live cartridges and 4 bottles of illicit liquor.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties that the
Patna High Court CR. MISC. No.60967 of 2024(2) dt.10-01-2025 3/3 nature of allegation against the petitioner is serious in nature hence, I am not inclined to grant bail to the petitioner.
8. Prayer for regular bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) annpurna/- U T