Lalbabu Baitha @ Jarlahwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9325 of 2024 Arising Out of PS. Case No.-190 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== Lalbabu Baitha @ Jarlahwa S/O- Ram Shankar Baitha R/O- VillageKahtarwa, P.S.- Sheohar, Dist.- Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Kumar, Adv.

For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Kaluahi P.S. Case No. 190 of 2018, lodged on 11.12.2018 under Sections 307, 34 of the Indian Penal Code read with section 27 of the Arms Act and section 3/4 of the Explosive Substance Act.

3. As per the prosecution case, the FIR has been lodged against 3 named accused persons other than the petitioner.

4. Learned counsel for the petitioner submits that the name of the petitioner has come in this case only by virtue of confessional statement during investigation. The petitioner was not named in the FIR. Counsel also submits that antecedent of the petitioner is not clean and there are six criminal cases

Patna High Court CR. MISC. No.9325 of 2024(2) dt.20-02-2024 2/3 pending against him in which he is on bail. The petitioner is in custody since 31.08.2023. Counsel further submits that chargesheet has already been filed in this case.

5. Upon specific query of the Court from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that he is not aware that whether charge has been framed or not.

6. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the antecedent of the petitioner is not clean and there are six criminal cases pending against him.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Kaluahi P.S. Case No. 190 of 2018, pending before the learned Judicial Magistrate 1st Class, Madhubani is hereby rejected.

9. Liberty is hereby granted to the petitioner that he may renew his prayer for bail three months after framing of charge as well as with the documents provided by the petitioner that he is not absconding in any of the criminal cases pending against him whose details are as follows:-

Patna High Court CR. MISC. No.9325 of 2024(2) dt.20-02-2024 3/3 (I) Bela P.S. Case No. 177 of 2016 (II) Piprahi P.S. Case No. 230 of 2020 (III) Riga P.S. Case No. 87 of 2011.

(IV) Pupri P.S. Case No. 256 of 2015 (V) Sheohar P.S. Case No. 80 of 2011 (VI) Shyampur Bhataha P.S. Case No. 45 of 2011. (Dr. Anshuman, J.) Divyansh/- U T