Mukesh Patel @ Nagendra Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65721 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- KARPI District- Jehanabad ====================================================== Mukesh Patel @ Nagendra Kumar Singh, aged about 41 years (M), S/o Late Shiv Narayan Singh, R/o vill - Radhe Bigha, P.S. - Karpi, Distt. - Arwal. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Krishna Pd. Singh, Sr. Advocate and Mr. Paras Nath, Advocate For the Opposite Party :

Mr. Aditya Narayan Singh.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 26-09-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Karpi (Shahar Telpa O.P.) P.S. Case No. 54 of 2024 dated 23.02.2024 registered for the offences punishable under Sections 25(1A), 25(1AA), 25(1B)a, 26 and 35 of the Arms Act.

3. As per the prosecution case, on 23.02.2024, the informant alongwith other police officials raided the house of the co-accused Raushan Kumar @ Laddu and recovered several files (Reti), semi-constructed and constructed arms and also arrested several persons, Raushan Kumar @ Laddu, Mukesh Patel @ Nagendra Kumar Singh (petitioner), Arti Kumari, Turshi Devi, Ashish Kumar, Nand Chaudhary, Vishal Kumar,

Patna High Court CR. MISC. No.65721 of 2024(2) dt.26-09-2024 2/3 Rahul Kumar, Sunil Kumar, Dashrath Sah, Praveen Kumar, Pankaj Kumar, Sanjay Kumar Sah and Sunil Kumar who were engaged in manufacturing of arms and were brought from Munger. Thereafter, the joint house of the co-accused Raushan Kumar @ Laddu and Mukesh Patel @ Nagendra Kumar Singh (petitioner) was also raided and recovered six pieces of country made pistols, 16 pieces of iron magazines, seven live cartridges and one empty cartridge, 16 pieces of semi-constructed pistols and other articles which were used in manufacturing of arms. The said co-accused Raushan Kumar @ Laddu and Mukesh Patel @ Nagendra Kumar Singh (petitioner) have disclosed that the manufacturing work was being done near poultry farm in a tiled roof house and on their disclosure, several machines and other articles were recovered from the poultry farm.

4. Learned senior counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is submitted that from perusal of the seizure list, it appears that the seized articles were recovered from the joint house of the petitioner. The charge sheet has already been submitted in the present case. The other coaccused person, namely, Sumit Kumar, has already been granted bail by a Bench of this Court vide Cr. Misc. No. 42104 of 2024

Patna High Court CR. MISC. No.65721 of 2024(2) dt.26-09-2024 3/3 under order dated 24.06.2024, annexed as Annexure-P/2 to the present bail application. The petitioner has clean antecedent as stated in paragraph no. 3 of the bail petition. He is in custody in this case since 24.02.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the joint house of the petitioner and the co-accused Raushan Kumar @ Laddu was raided and recovered six pieces of country made pistols, 16 pieces of iron magazines, seven live cartridges and one empty cartridge, 16 pieces of semi-constructed pistols and other articles which were used in manufacturing of arms.

6. Considering the aforesaid facts and circumstances of the case as well as the recovery from the conscious possesson of the petitioner, this Court is not inclined to grant bail to the petitioner and the same is rejected in connection with Karpi (Shahar Telpa O.P.) P.S. Case No. 54 of 2024, pending in the court of learned Sub-Divisional Judicial Magistrate, Arwal.

7. The application stands rejected.

(Chandra Prakash Singh, J) U.K./- U T