Bittu Prasad @ Sonu Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16589 of 2023 Arising Out of PS. Case No.-390 Year-2022 Thana- GAYA RAIL P.S. District- Gaya ====================================================== Bittu Prasad @ Sonu Prasad S/O Santosh Prasad Resident Of Village- New Godown, P.S.- Bangala Asthan, P.S.- Kotwali, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan, A.P.P.156 ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-05-2023 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Railway Patna Gaya Junction P.S. Case No. 390 of 2022 lodged under Sections 25(1-b)a, 26 and 35 Arms Act.
As per the prosecution case, desi katta with one live cartridge has been recovered from the possession of the petitioner.
Learned counsel for the petitioner submits that the petitioner's name has figured in this case under deep rooted conspiracy. He further submits that petitioner is in custody since 02.10.2022. He himself admits that nine months have not been
Patna High Court CR. MISC. No.16589 of 2023(2) dt.10-05-2023 2/2 crossed rather approx eight months have been crossed. Learned counsel for the State opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present but liberty is hereby granted to the petitioner that he may renew his prayer for bail after completion of ten months in custody before the Court below who upon considering the bail application shall release the petitioner on bail imposing its own conditions so that he may not evade his appearance during trial.
With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) ravishankar/- U