Roushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23984 of 2022 Arising Out of PS. Case No.-528 Year-2021 Thana- Dumra District- Sitamarhi ====================================================== Roushan Kumar S/o Raj Kumar Das Resident of Village- Prayag Chak Aaray, Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv.

For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-08-2022 Heard the parties through video conferencing. Let the defect, 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 Dumra P.S. Case No. 528 of 2021 lodged under Section 414 of the I.P.C. read with Sections 25(1-B)a, 26 Arms Act. As per the prosecution case, the recovery of T.V.S. motorcycle, one desi katta and one live cartridge alleged to be made from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the alleged motorcycle was of the petitioner

Patna High Court CR. MISC. No.23984 of 2022(2) dt.12-08-2022 2/2 himself. On the point of recovery from his possession, he submits that the petitioner is a man of clean antecedent and in custody since 25.12.2021, charge sheet has already been submitted. He further submits that he is ready to fulfill all the conditions laid down by the Court. He further submits that there are discrepancy in the seizure list and it is not in accordance with Section 100 of the Cr.P.C.

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 he may renew his prayer for bail after framing of charge or after completion of one year whichever is earlier.

With this direction, application is disposed of. (Dr. Anshuman, J.) sadique/- U T