Chandan Kumar Goriya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35477 of 2022 Arising Out of PS. Case No.-770 Year-2020 Thana- NAGAR District- Vaishali ====================================================== Chandan Kumar Goriya S/o- Late Saryug Paswan, Resident of Mohalla - Subhash Chauk, P.S.- Hajipur Town, District - Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Ban Bihari Singh, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-11-2022 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 Hajipur Town P.S. Case No. 770 of 2020, lodged under Sections 25(1-b)a and 26 of Arms Act read with Sections 8/20(b)(ii) (B) and 22 of the N.D.P.S. Act.

As per prosecution case, the police party has caught the petitioner and from his possession, one loaded desi pistol and one live cartridge have been recovered. The recovery of NDPS material, one loaded desi pistol, one live cartridge and 3.5 kg ganja have been made from the house of co-accused. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35477 of 2022(4) dt.30-11-2022 2/2 petitioner is innocent and has committed no offence. He also submits that petitioner is in custody since 28.11.2020 having 6 criminal cases pending against the petitioner and petitioner is on bail in all the cases. He further submits that charge has already been framed in this case.

Learned counsel for the State opposes the prayer for bail and submits that charge has already been framed in this case and if bail shall be granted to the petitioner, he shall start creating hurdle in conduction of trial.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail petition is hereby rejected. But liberty is hereby granted to the petitioner that he may renew his prayer for bail after 9 months from today.

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