Maksudan Singh @ Niranjan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38758 of 2022 Arising Out of PS. Case No.-113 Year-2020 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Maksudan Singh @ Niranjan Sonof Muneshwar Singh Resident of Village - Hemra, P.s.- Muffasil, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhushan Poddar, Adv.

For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2022 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 Begusarai Muffasil P.S. Case No. 113 of 2020 lodged under Section 364 of the I.P.C. subsequently added Sections 302, 201, 120B I.P.C. and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 30.06.2021 having one criminal antecedent against him in which he is on bail. Learned counsel for the petitioner submits that petitioner's name has not been figured in this case, his name has come in this case by virtue of confession of one Bihari Singh @ Shivam Kumar Singh. Learned counsel for the petitioner submits that the two named accused persons have been granted bail vide order dated

Patna High Court CR. MISC. No.38758 of 2022(3) dt.05-12-2022 2/2 09.08.2021 in Cr. Misc. No. 25410 of 2020 and vide order dated 15.10.2020 in Cr. Misc. No. 25790 of 2020. In the order sheet passed by the Learned A.D.J.- XIII, there are Sessions Judge materials found against the present petitioner. Upon specific call, whether charge has been framed or not, learned counsel for the petitioner submits that he is not aware of the fact that whether charge has been framed or not in this case.

Learned counsel for the State opposes the prayer for bail.

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 rejected. If charge has been framed in this case then Trial Court is directed to release the petitioner on bail after imposing its own conditions, so that he may not evade his appearance during trial.

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