Patna High CourtCR. MISC./4118/2024bail rejected

Prashant Kumar v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4118 of 2024 Arising Out of PS. Case No.-233 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Prashant Kumar Son Of Sri Satendra Singh Resident Of Village - Patti Bandhu Rai, P.S. - Bhawanpur, District - Vaishali At Hajipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 233 of 2023, lodged on 04.10.2023, under Sections 147,148,149,120B of the Indian Penal Code and under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution, FIR has been lodged against eight named accused persons including the petitioner. The recovery of one country-made pistol and four live cartridges has been made from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that antecedent of the petitioner is clean and he is in custody since 05.10.2023.

Patna High Court CR. MISC. No.4118 of 2024(2) dt.07-02-2024 2/2

5. Learned counsel for the State opposes the prayer for bail and submits that recovery of arms and ammunition has been made from the conscious possession of the petitioner and only four months have crossed.

6. On specific query whether charges have been framed or not. Counsel for the petitioner submits that he is completely unaware about this fact that charges have been framed or not.

7. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner is rejected. However, liberty is granted to the petitioner that he may renew his prayer for bail after nine months.

(Dr. Anshuman, J) Mkr./- U T