Patna High CourtCR. MISC./80529/2019dismissed

Bittu Kumar @ Niraj Kumar v. The State Of Bihar

2020-01-07Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80529 of 2019 Arising Out of PS. Case No.-783 Year-2019 Thana- HAJIPUR TOWN District- Vaishali ====================================================== Bittu Kumar @ Niraj Kumar, Age about 20 years, (Male) S/O Ashok Chaudhary Resident of Village - Loha Ka Pul, Mansaram Ka Akhara, P.S. - Mehandiganj, Dist.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satrudhan Kumar, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Town PS Case No. 783 of 2019 dated 29.08.2019 instituted under Sections 413/414 of the Indian Penal Code and 25(1-B)(a)/26/35 of the Arms Act.

3. The allegation against the petitioner and others is of being member of a gang from which firearms and equipments for cutting locks have been recovered from the tempo on which they were traveling.

4. Learned counsel for the petitioner submitted that he has been falsely implicated and nothing has been recovered

Patna High Court CR. MISC. No.80529 of 2019 dt.07-01-2020 2/2 from him. It was further submitted that the petitioner is a businessman and is in custody since 29.08.2019.

5. Learned APP submitted that on seeing the police party at 11:30 PM in the night the petitioner and others started running from the tempo and upon search forearms as also equipments for cutting locks have been recovered. It was further submitted that the petitioner has criminal antecedent and is involved in another case under the Arms Act.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed. (Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U T