Alok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24694 of 2020 Arising Out of PS. Case No.-80 Year-2020 Thana- PIRO District- Bhojpur ====================================================== Alok Kumar, S/o Narendra Prasad Gupta @ Narendra Sah, Resident of Village-Kothua, P.S.-Jagdishpur, District-Bhojpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-11-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.
Mr.Manoj Kumar, learned APP is appearing for the State as it is submitted that the brief has been allotted to him by the office of Advocate General.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Piro
Patna High Court CR. MISC. No.24694 of 2020(3) dt.02-11-2020 2/3 P.S. Case No.80 of 2020, G.R. No.1278 of 2020, registered for the offence punishable under Sections 399, 402, 414 of the I.P.C. and Sections 25(1-b)A/26 of the Arms Act. The allegation is that the petitioner has been apprehended by the police when he along with other coaccused started fleeing away. On the spot, there is alleged recovery of mobile from the petitioner's possession. It is further submitted by the petitioner's counsel that in such circumstances, the petitioner has been in custody now since 21.03.2020. Co-accused from whose possession arms were recovered has since been allowed bail.
Learned APP for the State has opposed the prayer for bail. Referring to the case diary (paragraphs 18 and 40), he submits that two stolen motorcycles have been recovered from the petitioner's house.
Having regard to the circumstances and the fact that he has also been implicated in two other cases ie., Piro P.S. Case No.74 of 2020 and Jagdishpur P.S.Case No.74 of 2020, this Court for the present is not inclined to allow the petitioner's prayer for bail. The same is rejected. It is made clear that the petitioner shall be at liberty to renew his prayer for bail after framing of the
Patna High Court CR. MISC. No.24694 of 2020(3) dt.02-11-2020 3/3 charges.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.
(Madhuresh Prasad, J) PNM U T