← Library
Patna High CourtCR. MISC./29178/2023disposed

Brijpal @ Brijpal Singh @ Brijpal Jat v. The State Of Bihar

2023-06-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29178 of 2023 Arising Out of PS. Case No.-225 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Brijpal @ Brijpal Singh @ Brijpal Jat Son of Dorgaji, Resident of Dhanupura, P.S.- Kadar Chowk, District - Budaun (Uttar Pradesh) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 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 Sitamarhi P.S. Case No. 225 of 2022 dated 03.04.2022 lodged under Sections 399, 402, 414 and 120(B) of the I.P.C. read with sections 25(1-b)a, 26 and 35 of the Arms Act.

4. As per the prosecution, the F.I.R. has been lodged against 11 named accused persons against whom the allegation is that they were member of dacoity gang to whom police has caught red handed. Different articles have been recovered from possession of the different accused persons. One Khanti has been recovered from possession of the petitioner.

Patna High Court CR. MISC. No.29178 of 2023(2) dt.07-06-2023 2/2

5. Learned counsel for the petitioner submits that petitioner is in custody since long i.e. from 04.04.2022. He further submits that there are six criminal cases pending against the petitioner, in three cases he is on bail and in rest three cases he is persuading for bail.

6. Learned counsel for the State opposes the prayer for bail and submits that there are six criminal antecedent of the petitioner and at the time of granting bail, the criminal antecedent of the petitioner may be taken into consideration.

7. In the present facts and circumstances, I am not inclined to grant bail to the petitioner at present. Therefore, bail petition of the petitioner is hereby rejected

8. 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