Raunak Singh @ Chandan Kumar Singh @ Deepak Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16597 of 2024 Arising Out of PS. Case No.-44 Year-2022 Thana- BISHUNPUR District- Darbhanga ====================================================== Raunak Singh @ Chandan Kumar Singh @ Deepak Kumar Singh S/o Sri Pramod Singh R/o vill - Godhiari, P.S. - Bishanpur, Distt. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Bishanpur P.S. Case No. 44 of 2022, lodged on 04.04.2022 under Sections 414, 467, 468 of the Indian Penal Code read with sections 25(1-b)a/26 of the Arms Act and sections 41, 48, 52 of the Bihar Prohibition & Excise (Amendment) Act, 2018.
3. As per the prosecution case, the FIR has been lodged against 3 named accused persons including the present petitioner. As per the FIR, one loaded pistol with four live cartridges and four live cartridges in pocket along with Rs.1,82,000/- cash were recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.16597 of 2024(3) dt.26-04-2024 2/3 petitioner is innocent and has committed no offence. Counsel also submits that the petitioner has been made accused in this case only due to the reason that his criminal antecedent is not clean and there are nine criminal cases pending against him. Counsel further submits that on the previous occasion, a report about the present stage of trial has been called for and from the report, it transpires to this Court that the Trial Court is expecting that within three months, trial shall be concluded.
5. Learned counsel for the petitioner submits that the criminal antecedent of the petitioner is not clean and there are nine criminal cases pending against him in which he is on bail. The petitioner is in custody since 04.04.2022 in the present case.
6. Learned APP for the State opposes the prayer for bail of the petitioner.
7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
8. Accordingly, the prayer for regular bail of the petitioner in connection with Bishanpur P.S. Case No. 44 of 2022, pending before the learned Exclusive Special Judge-1 (Excise Act), Darbhanga is hereby rejected at present.
9. Trial Court is directed to conclude the trial at the earliest and if, the said trial shall not be concluded within three
Patna High Court CR. MISC. No.16597 of 2024(3) dt.26-04-2024 3/3 months from today, then the petitioner shall be directed to be release on bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount to the satisfaction of learned Exclusive Special Judge-1 (Excise Act), Darbhanga in connection with Bishanpur P.S. Case No. 44 of 2022 as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- Bishanpur P.S. Case No. 128/2019 Lehariya Sarai P.S. Case No. 318/2019 Lehariya Sarai P.S. Case No. 457/2019 Lehariya Sarai P.S. Case No. 456/2019 Lehariya Sarai P.S. Case No. 354/2020 Town P.S. Case No. 94/2017 Bahadurpur P.S. Case No. 213/2017 Bahadurpur P.S. Case No. 28/2021 LNMU University P.S. Case No. 187/2017 (Dr. Anshuman, J.) Divyansh/- U T