Patna High CourtCR. MISC./10228/2022rejected

Balmiki Ram @ Balmiki Kumar v. The State Of Bihar

2022-07-06Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10228 of 2022 Arising Out of PS. Case No.-598 Year-2021 Thana- MOTIHARI TOWN District- East Champaran ====================================================== BALMIKI RAM @ BALMIKI KUMAR Son of Vindu Ram Resident of Village - Belisaray ,Ward no.29, P.s.- Motihari Town, Distt.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar No.1 For the Opposite Party/s :

Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 06-07-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Motihari Town P.S. Case no. 598 of 2021 registered for the offence punishable under sections 25(I-B)a and 26 of the Arms Act.

As per allegation this petitioner and his companions had hatched up a plan to kill son of Shakila Devi. In furtherance of their plan, the petitioner and co-accused persons arrived at the house of Shakila Devi, in the meantime, police arrived and the petitioner was arrested and from his possession, a loaded country made pistol and sharp knife were recovered.

The main submissions advanced by the learned counsel

Patna High Court CR. MISC. No.10228 of 2022(2) dt.06-07-2022 2/2 for the petitioner are that petitioner has been languishing in jail for the last 09 months having no criminal antecedent and investigation has been completed.

Learned APP opposes the prayer for bail.

Heard both sides and perused the FIR. From the FIR it appears that from the possession of this petitioner, loaded country made pistol and sharp knife were recovered and as per Shakila Devi, this petitioner and other accused persons arrived at her house for killing her son. The nature of the allegation appearing against the petitioner is serious.

Considering these facts, in my view, petitioner does not deserve privilege of bail at this stage and accordingly, his prayer for bail stands rejected.

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