Lakhan Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65649 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- MIRGANJ District- Gopalganj ====================================================== Lakhan Singh S/o- Ram Pravesh Singh resident of Village- Matihani Madhaw, P.S.- Mirganj, District- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghav Prasad, Advocate For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 02-12-2024
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of regular bail in connection with Tr. no.21 of 2024 (arising out of Mirganj P.S. Case no.303 of 2023) registered under sections 399, 402 and 414 of the Indian Penal Code, sections 25(1-B)(a), 26 and 35 of the Arms Act and sections 20(b)(ii)(c), 25 and 29 of the NDPS Act.
3. As per the prosecution case, it is stated that five accused persons including the petitioner herein were arrested and various incriminating articles were recovered from their possession. From the possession of the petitioner, one loaded country made pistol and 200 gms of charas was recovered.
4. Learned counsel for the petitioner submits that the petitioner who is in custody since 8.8.2023 has been falsely
Patna High Court CR. MISC. No.65649 of 2024(6) dt.02-12-2024 2/2 implicated in the case because of his antecedent. No incriminating article has been recovered from his possession. It is further submitted that so far as the allegation of recovery of charas is concerned, the alleged recovery though more than small quantity but is much less than the commercial quantity.
5. The application for bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the FIR according to which a loaded country made pistol and 200 gms of charas, which is more than small quantity, was recovered from the possession of the petitioner, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
7. Learned trial Court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T