Kamlesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72635 of 2018 Arising Out of PS. Case No.-52 Year-2018 Thana- BARURAJ District- Muzaffarpur ====================================================== Kamlesh Bhagat, son of Ramsurat Bhagat, resident of Village- Lakhansen, Police Station- Baruraj, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar Mishra, Advocate.

For the Opposite Party/s :

Md. Nazir Ansari, A.P.P.

For NIA : Mr. Manoj Kumar Singh, Spl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-02-2019 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in Baruraj P.S. Case No. 52 of 2018, instituted for the offence under Section(s) 414, 120(B) of the Indian Penal Code, Sections 25(1-AAA), 25(1AA), 26, 35, 25(1-B)A of the Arms Act, Sections 11, 18, 20, 23 and 38 of U.A.P. Act pending in the court of learned Sessions Judge-cum-Special Judge, Muzaffarpur.

It is alleged in the written report that one terrorist leader Anil Ram @ Sujit Ji @ Navin Ji informed the police party that arms have been kept in the house of the petitioner. The Police party made search and recovered five rifles, one double barrel gun, two carbines and one country made pistol

Patna High Court Cr.Misc. No.72635 of 2018(4) dt.21-02-2019 2/2 kept in a plastic bag along with four Naxal hand out (Parchas). Counsel for NIA has appeared and submitted that the case has already been handed over to the NIA and investigation is going on.

Report was called for from the court below which has been received. The Sessions Judge has mentioned in the report that case record of this case has already been transmitted to Spl. Judge, NIA, Patna, for further proceeding on 24.9.2018. The Sr. Superintendent of Police, Muzaffarpur, has sent report with regard to criminal antecedent of the petitioner wherein it is mentioned that other cases are also pending against him.

In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage.

Prayer of the petitioner for grant of bail stands rejected.

Petitioner is directed to make prayer for bail before the NIA court.

(Sanjay Priya, J) S.Ali/- U T