Bhaskar Chaubey @ Bhutnath Chaubey @ Bhuthnath v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74467 of 2024 Arising Out of PS. Case No.-294 Year-2023 Thana- SATHI District- West Champaran ====================================================== Bhaskar Chaubey @ Bhutnath Chaubey @ Bhuthnath S/o- Ramendra Chaubey Village- Paroaha PS- Sathi District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar Gupta For the Opposite Party/s :
Mr.Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sathi P.S Case No. 294 of 2023 from the Court of learned Exclusive Special Judge, (N.D.P.S), West Champaran, Bettiah registered for the offences punishable under Sections 341, 323, 353, 307 and 34 of the I.P.C and Section 25(1-b)a, 26, 27, 35 of the Arms Act and Section 8, 21(b) of Narcotics Drugs and Psychotropic Substance Act.
3. As per allegation in the FIR, one country made pistol, one live cartridge, one empty cartridge and 23 gram smack recovered from the conscious possession of the
Patna High Court CR. MISC. No.74467 of 2024(2) dt.31-01-2025 2/2 petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is also submitted that petitioner is in judicial custody since 20.12.2023 and petitioner has got nine criminal antecedents as stated in para 3 of the bail petition.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR and impugned order dated 26.07.2024 it appears that, petitioner has got nine criminal antecedents and all are heinous offences further recovered of 23 gram smack made in presence of Gazetted Revenue Officer.
7. Considering the aforesaid facts, criminal antecedents and circumstances of the case this Court is not inclined to grant bail to the petitioner. Hence, prayer for regular bail of the petitioner is hereby rejected. (Ramesh Chand Malviya, J) Mayank/- U T