Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30991 of 2022 Arising Out of PS. Case No.-78 Year-2021 Thana- MAHNAR District- Vaishali ====================================================== Kunal Kumar Son Of Arun Ray, R/O- Vill- Chakaushan, P.S.- Bidupur , Dist.- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivjee Singh, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-12-2022 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 Mahnar P.S. Case No. 78 of 2021 lodged under Sections 307/34 of the I.P.C. read with Section 27 of Arms Act. As per prosecution, the present criminal case has been lodged against 2 unknown criminals against whom allegation of firing by which the informant injured.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R.. He further submits that the name of the petitioner has come by virtue of the confessional statement of co-accused who was subsequently arrested by the investigating officer in this case. He further submits that there are 2 criminal cases pending against the petitioner in which he is on bail in one case and in another case he is persuading for bail.

Patna High Court CR. MISC. No.30991 of 2022(3) dt.20-12-2022 2/2 He further submits that petitioner is in custody since 17.09.2021 by virtue of remand. Upon specific query counsel submits that charge has not been framed against the petitioner in this case. Learned counsel for the State opposes the prayer for bail and submits that the name of the petitioner has figured in this case by confessional statement and he has criminal antecedent. He may not be granted bail at present. 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. Accordingly the 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 the petitioner on bail imposing its own conditions so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

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