Priyadarshi Kumar @ Darshan Kumar @ Darshan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28094 of 2024 Arising Out of PS. Case No.-28 Year-2023 Thana- PHULWARISHARIF District- Patna ====================================================== Priyadarshi Kumar @ Darshan Kumar @ Darshan Yadav Son Of Late Arun Rai Resident Of Village - Near Vishal Mega Mart, P.S. - Kankarbagh, District - Patna. Permanent Resident Of Village - Chaita, Dakshini Ward No.6, Angar Ghat, P.S. - Angar Ghat, District - Samastipur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hansraj, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 20-07-2024 Heard the learned counsel for the petitioner and learned counsel for the State.
2. The petitioner seeks bail in connection with Sessions Trial No. 1301 of 2023 arising out of Phulwarisharif P.S. Case No. 28 of 2023 registered for the offence under Sections 411, 412, 413, 414 and 34 of the IPC and Sections 25(1-b)a/26/35 of the Arms Act.
3. Earlier the bail of the petitioner was rejected vide order dated 11.10.2023 in Cr. Misc. No. 64382 of 2023 which reads as follows:- Heard the learned counsel for the petitioner and learned APP, Mr. Anuj Kumar Shrivastava.
Patna High Court CR. MISC. No.28094 of 2024(3) dt.20-07-2024 2/3 The petitioner seeks bail in connection with Phulwari Sharif P.S. Case No. 28 of 2023 registered for the offence under Sections 411/412/413/414/34 of the Indian Penal Code and Section (1-b)a/26/35 of the Arms Act.
There is a recovery of one country made pistol, one live cartridge and one mobile from the possession of the petitioner. Six cases are already pending against the petitioner. It appears that the petitioner specializes in committing crime in the town of Patna.
Considering the criminal antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer of bail of the petitioner is rejected herewith.
The District Judge, Patna is directed to expedite the trial of all the cases in one court pending against the petitioner.
Let a copy of this order be communicated to District Judge, Patna, through FAX or email, for its forthwith compliance.
4. Recovery is of one country made pistol, one live cartridge and one mobile phone from the possession of the
Patna High Court CR. MISC. No.28094 of 2024(3) dt.20-07-2024 3/3 petitioner.
5. Learned counsel for the petitioner submits that the petitioner is in jail since 09.01.2023.
6. Considering the period of custody, this application for regular bail is allowed.
7. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-XIII, Patna in connection with Sessions Trial No. 1301 of 2023 arising out of Phulwarisharif P.S. Case No. 28 of 2023.
8. The petitioner will visit Karimuddinpur, (District Ghazipur, Uttar Pradesh) Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.
9. Let a copy of this order be communicated to the Superintendent of Police, Ghazipur, Uttar Pradesh through FAX forthwith.
(Sandeep Kumar, J) Guddu/- U T