Kapil Bhuiyan @ Kapil Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81405 of 2023 Arising Out of PS. Case No.-29 Year-2023 Thana- SUHAIL District- Gaya ====================================================== Kapil Bhuiyan @ Kapil Bharti Son Of Raj Kumar Bhuiyan R/O Village- Pate, P.S.- Gajwa, District- Chatra, Jharkhand At Present Viraj Tota, Jari Aahar, P.S.- Sohail, District- Gaya ... ... Petitioner

Versus

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

For the Petitioner :

Mr. S. Jamil Akhtar, Advocate For the State :

Mr. Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

This application for grant of regular bail arises out of Suhail P.S. Case No.29 of 2023 registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act and under Sections 10, 13, 16, 17, 18, 18(A), 18(B), 19 & 20 of the Unlawful Activities (Prevention) Act. 3.

The petitioner has been found involved with the Naxals and there is recovery of one mobile phone from the petitioner. He is in custody since 28.06.2023. 4.

Considering the nature of allegation as also the law laid down by the Hon'ble Supreme Court in the case of Gurwinder Singh vs. State of Punjab & Anr. reported in 2024 SCC OnLine SC 109, I am not inclined to grant the petitioner

Patna High Court CR. MISC. No.81405 of 2023(3) dt.05-03-2024 2/2 privilege of regular bail. Accordingly, this bail application is rejected.

(Sandeep Kumar, J) pawan/- U T