Shiv Vibhuti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67682 of 2022 Arising Out of PS. Case No.-507 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== Shiv Vibhuti S/O Sri Kaushlendra Kumar Resident Of Village- Baraiyabigha, P.S.- Sheikhpura, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur Mrs.Vaishnavi Singh For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Sheikhpura (Kusumbha O.P.) P.S. Case No. 507 of 2022 registered under sections 25(1-b)a, 26 and 35 of the Arms Act. Allegation against the petitioner along with other co-accused person is that on the basis of secret information, police team apprehended petitioner and co-accused, namely, Kaushlendra Kumar and after search, two country made pistols were recovered from the waist of each of them.

Patna High Court CR. MISC. No.67682 of 2022(3) dt.28-03-2023 2/3 Further, there are recoveries of seven country made pistols, four packets of live cartridges, ten pieces of empty cartridges, one sword and Rs. 2,50,000/- from the room of co-accused Kaushlendra Kumar and from the room of this petitioner, there are recoveries of five country made pistols, 86 live and empty cartridges and Rs. 2,00,000/- cash.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to land dispute. It is further submitted that the petitioner is languishing in judicial custody since 26.08.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the alleged recovery of huge quantity of arms and ammunition without valid documents and plausible explanation of the same, have been made from the room of the petitioner along with cash of Rs. 2,00,000/-.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and

Patna High Court CR. MISC. No.67682 of 2022(3) dt.28-03-2023 3/3 conclude the same as soon as possible.

(Sunil Kumar Panwar, J) shubham/- U T