Awadhesh Kumar @ Abadhesh Prasad @ Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42729 of 2023 Arising Out of PS. Case No.-863 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Awadhesh Kumar @ Abadhesh Prasad @ Awadhesh Yadav Son Of Lalan Yadav Resident Of Village - Piparpati, P.S. - Kadirganj, Distt. - Patna. ... ... Petitioner/S

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Anand, Adv.

For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-07-2023 Let the defect(s), 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 Bihar P.S. Case No.863 of 2023 registered on 11.11.2023 lodged under Sections 399, 402, 414, 420 of the Indian Penal Code and 25(1-b)a/26/35 of the Arms Act.

4. As per the prosecution case, F.I.R. has been lodged against 6 named accused persons, to whom police apprehended, when they were entering in the town in the night.

5. Counsel for the petitioner submits that the present F.I.R. has been lodged by virtue of apprehension and secret information. He submits that recovery of fire arms has been

Patna High Court CR. MISC. No.42729 of 2023(2) dt.14-07-2023 2/3 made form a Bolero jeep, from which all the six accused persons were sitting.

6. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 11.10.2022 and chargesheet has already been filed in this case. Counsel submits that a similarly situated person has been granted bail by the Co-ordinate Bench of this Court vide order dated 04.07.2023 in Cr. Misc. No.36631 of 2023.

7. Learned counsel for the State opposes the prayer for bail and submits that at the time of granting bail to the petitioner his criminal antecedent may be taken into consideration.

8. In the present facts and circumstances of this case and the submissions made above, and going through the bail of the co-accused person it has come that there are six criminal cases pending against the co-accused but there are twelve criminal cases pending against the present petitioner. In this view of the matter, I am not inclined to grant bail to the petitioner.

9. With this observation, the bail application stands rejected.

Patna High Court CR. MISC. No.42729 of 2023(2) dt.14-07-2023 3/3

10. Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge. (Dr. Anshuman, J.) Ashishsingh/- U T