Patna High CourtCR. MISC./27613/2023disposed

Sandeep Yadav v. The State Of Bihar

2023-06-06Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27613 of 2023 Arising Out of PS. Case No.-291 Year-2022 Thana- CHAUTHAM District- Khagaria ====================================================== Sandeep Yadav Son Of Rabindra Yadav, Resident Of Village- Sonbarsa , P.S.- Chautham, Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Mishra, Advocate For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect, if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Chautham P.S. Case No. 291 of 2022 dated 03.11.2022 lodged under Sections 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution, recovery of one pistol and one live cartridge have been made from possession of the petitioner.

5. Learned counsel for the petitioner submits that petitioner is in custody since 04.11.2022 and charge sheet has already been filed in this case but he also admits that there are four criminal cases pending against the petitioner in which he is

Patna High Court CR. MISC. No.27613 of 2023(2) dt.06-06-2023 2/2 on bail in all the cases.

6. Learned counsel for the State submits that at the time of considering the bail, the antecedent of the petitioner may be considered.

7. Upon specific query from the counsel for the petitioner that whether charge has been framed in this case or not, counsel fairly submits that as per his knowledge charge has not been framed.

8. In this circumstances, I am not inclined to grant bail to the petitioner. Therefore, bail petition of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge and trial Court is directed to release him on bail imposing its own conditions so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) ravishankar/- U T