Vikash Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32014 of 2022 Arising Out of PS. Case No.-493 Year-2021 Thana- BANKA District- Banka ====================================================== Vikash Das Son of Mandir Das Resident of Village - Maheshadih, P.S.- Banka, District - Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), 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 Banka P.S. Case No. 493 of 2021 lodged under Sections 393, 307, 34 of the I.P.C. read with Section 27 of Arms Act and Section 3, 4, 5 of Explosive Substance Act.

As per prosecution case, the informant has stated that some unknown persons have started trying to stop the truck and in doing so, they have thrown a bomb, due to which the truck driver injured and it went out of control and dashed with a tree. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. He submits that nothing

Patna High Court CR. MISC. No.32014 of 2022(2) dt.01-11-2022 2/2 incriminating was recovered from his possession. He submits that he is in custody since 11.02.2022 but till date no T.I.P. has been taken place. Counsel submits that his name has come by virtue of his own confessional statement. On the point of his criminal antecedent he submits that there is one case pending against him in which he is on bail.

Learned counsel for the State opposes the prayer for bail and submits that the present case is relating to loot by using explosive substance and his antecedent is also of same nature. 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, therefore, his bail application is hereby rejected.

The petitioner is at liberty to renew his prayer for bail only after framing of charge and the Trial Court is directed to release him on bail on move after two months the date of framing of charge and imposing a condition so that he shall not evade during trial.

With this observation, the bail application stands rejected.

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