Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34002 of 2019 Arising Out of PS. Case No.-124 Year-2018 Thana- AMAS District- Gaya ====================================================== 1.

SHUBHAM KUMAR S/O Nityanand Singh Resident of Village Bikopur, P.S.- Atari, District- Gaya.

2.

Pinku Kumar Singh @ Pinku Kumar S/O Late Rajendra Singh Resident of Village- Basua, P.S.- Wazirganj, District-- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Bansh Dubey For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 03-07-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Amas P.S. Case No. 124/2018, instituted for offences under Sections 412/34 of the Indian Penal Code read with Sections 25(1-b)A, 26 and 35 of Arms Act.

Earlier prayer for bail of petitioners was rejected by this Court by order dated 04.12.2018 passed in Cr. Misc. No. 64677/2018 with liberty to renew the prayer for bail after six months of framing of charge in the event no substantive progress is made in trial.

It is alleged in the written report that on receiving secret information that some miscreants have looted the money

Patna High Court CR. MISC. No.34002 of 2019(3) dt.03-07-2019 2/2 from the employee of Toll Plaza while he was depositing the same in Punjab National Bank, Amas, police party reached at the place of occurrence and saw two persons running away. On chase, police apprehended them, who disclosed their name as petitioners. On search, firearms and cash amount were recovered from joint possession of these petitioners as mentioned in the seizure-list.

Report from the court below regarding stage of trial has been received from which it appears that charge has not been framed in this case till date.

In such circumstances, this Court is not inclined to grant bail to petitioners at this stage. Accordingly, prayer for bail of petitioners is rejected.

The trial court is directed to frame charge in this case either on the next date fixed or within fifteen days from the date of receipt/production of copy of this order.

The petitioners may renew prayer for bail as per earlier order passed in Cr. Misc. No. 64677/2018 dated 04.12.2018, after framing of charge.

(Sanjay Priya, J) rakhi/- U T