Bhaskar Jha @ Anku @ Bidhayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.528 of 2025 Arising Out of PS. Case No.-141 Year-2024 Thana- KATIHAR NAGAR District- Katihar ====================================================== Bhaskar Jha @ Anku @ Bidhayak S/o- Bishnudeo Jha Resident of villageNepra PS- Dandkhora District-Katihar ... ... Appellant/s

Versus

1.

The State of Bihar 2.

Dinesh Paswan, S/o- Late Gorelal Paswan Village- Driver Tola Ps- Katihar Town, Dist- Katihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Ajay Kumar Thakur- Advocate Ms. Vaishnavi Singh- Advocate For the State :

Mr. Sadanand Paswan- Spl. P. P.

For the Informant :

Mr. Y. C. Verma- Sr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 19-03-2025

1. Heard learned counsel for the appellant, the learned Special Public Prosecutor for the State and the learned senior counsel appearing on behalf of the informant.

2. The appellant has challenged the order dated 28.10.2024 passed by Sri Avinash Sharma, the learned Additional District & Sessions Judge-1-cum-Special Judge, SC & ST, Katihar in connection with G.R. No.1217 of 2024 arising out of Katihar Nagar P. S. Case No.141 of 2024, instituted for the offences under Sections 302, 120(B)/ 34 of the Indian Penal Code, Section 27 of the Arms Act and later on, charge-sheet has been submitted under Sections 302, 120(B)/34 of the I.P.C. and Section 3(2)(v) of the Scheduled Castes & Scheduled Tribes

Patna High Court CR. APP (SJ) No.528 of 2025(2) dt.19-03-2025 2/3 (Prevention of Atrocities) Act and Sections 25(1-b)a, 26, 27 and 35 of the Arms Act, whereby his prayer for grant of bail has been rejected.

3. The learned counsel for the appellant submits that appellant has antecedent of three cases and is in custody since 23.03.2024. It is further submitted that one of the case recorded at Para-3 of the appeal was instituted after institution of the instant case. It is next submitted that informant alleges that his brother was killed by unknown accused and while fleeing, one accused was apprehended, who disclosed his name as Alok Pradhan. It is further submitted that Alok Pradhan in his confessional statement did not name the appellant rather named Ravi and Prashant. It is next submitted that during the course of investigation, it transpired that Ravi and Prashant had talked to the appellant.

It is also submitted that all accused, who were apprehended prior to the appellant, they had not named the appellant in their statement before the police, but then, once the appellant was arrested and after his arrest, all the accused, who came to be arrested, they named the appellant, but not as assailant.

Patna High Court CR. APP (SJ) No.528 of 2025(2) dt.19-03-2025 3/3 recorded at Para-3. It is also submitted that appellant earlier was employed as a recovery agent, as such, two cases were instituted against him, when he had gone to recover the vehicle.

4. The learned Special P. P. and the learned senior counsel appearing on behalf of the informant opposes the appeal and submits that in the event, if privilege of bail is granted to the appellant, the appellant may abscond as charges till date has not been framed.

5. At this stage, the learned counsel for the appellant seeks permission to withdraw the present appeal with liberty to renew his prayer after framing of charge.

6. Permission is accorded.

7. Accordingly, instant appeal is dismissed as withdrawn.

(Satyavrat Verma, J) vikash/- U T