Bhola Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6935 of 2022 Arising Out of PS. Case No.-488 Year-2021 Thana- KAHALGAON District- Bhagalpur ====================================================== BHOLA PANDIT SON OF SHIV KUMAR PANDIT RESIDENT OF VILLAGE- PURANI KUMHAR TOLI, SAHEBGANJ, POLICE STATIONNAGAR, DISTRICT- SAHEBGANJ ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Manoj Kumar For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 24-06-2022 Heard learned counsel for the petitioner and the State through Video conferencing.

Petitioner seeks regular bail in Kahalgaon P.S. Case no. 488 of 2021 registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and section 25(1-b) A/26/35 of the Arms Act.

Allegedly, this petitioner and co-accused persons assembled behind show room and they were planning to commit some offence and in the meantime, police party arrived there on getting secret information and petitioner was arrested at the spot and from his possession, a loaded country made pistol was recovered and some co-accused persons manged to escape. The main submissions advanced by the learned

Patna High Court CR. MISC. No.6935 of 2022(2) dt.24-06-2022 2/3 counsel for the petitioner are that there is no eye witness to the alleged recovery of firearm. There is no independent witness of the said recovery, charge sheet has been submitted in respect of the petitioner and he has been languishing in jail since 31.7.2021 and one co-accused has been granted anticipatory bail by a coordinate bench of this court vide order passed in Cr. Misc. no.69880 of 2021 (Annexure 2) and petitioner is stated to have disclosed the name of said co-accused person. Learned APP opposes the prayer for bail.

Heard both sides and perused the FIR. As per prosecution story, police got an information that some wanted accused persons connecting with bank dacoity bearing Kahalgaon P.S. Case no. 460 of 2021 are planning to commit serious offence and following the said information, police raided the said place and petitioner was arrested from the said place and from his possession a loaded country made pistol was recovered and as per para 3 of the petition, four cases have been shown as criminal antecedent of the petitioner. Considering all these facts as well as recovery of firearm from the possession of this petitioner and his long criminal antecedent, in my view, this petitioner does not deserve privilege of bail and accordingly, his prayer for bail stands

Patna High Court CR. MISC. No.6935 of 2022(2) dt.24-06-2022 3/3 rejected. Petitioner may renew his prayer for bail after framing of the charge.

(Shailendra Singh, J) s.hassan/- U T