Kundan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7112 of 2023 Arising Out of PS. Case No.-475 Year-2022 Thana- SAMASTIPUR MUFFASIL DistrictSamastipur ====================================================== Kundan Kumar Son of Bijay Kumar Rai Resident of village - Lohagir, P.S.- Ujiarpur, Distt.- Samastipur, Bihar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No.1, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar No.2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-06-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Samastipu (Muffasil) P.S. Case No. 475 of 2022 lodged under Sections 279, 337, 338 of the I.P.C. and Section 37(C) of the Bihar Prohibition and Excise Act and Section 25(1-B)(a), 26, 35 of the Arms Act.

As per the prosecution case, the recovery of a desi katta and two live cartridges have been made from the possession of the petitioner, who was under influence of liquor. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.7112 of 2023(3) dt.05-06-2023 2/2 petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 23.10.2022 having clean antecedent.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. Trial Court is directed to release the petitioner on bail afterthat, imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

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