Patna High CourtCR. MISC./47663/2024bail granted

Abhimanyu Pathak @ Chhotu Pathak v. The State Of Bihar

2024-08-30Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47663 of 2024 Arising Out of PS. Case No.-468 Year-2023 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Abhimanyu Pathak @ Chhotu Pathak Son Of Jiut Pathak Village- Jaso, P.S.- Buxar (MUFFASIL), Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Adv.

Mr. Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-08-2024 Heard learned senior counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.44 of 2024 arising out of Buxar (Muffasil) P.S. Case No. 468 of 2023 dated 29.10.2023, lodged under Sections 25(1-b)a, 26, 35 of the Arms Act.

3. Learned senior counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 14.03.2024 passed in Cr. Misc. No. 17295 of 2024 with liberty granted to the petitioner that he may renew his prayer for bail three months after framing of charge. Counsel submits that charge has been framed in this case on 04.06.2024. Counsel further submits that since, charge has been framed and evidence of prosecution witnesses started, therefore, no purpose shall be solved keeping the petitioner in custody.

4. Learned senior counsel for the petitioner further

Patna High Court CR. MISC. No.47663 of 2024(3) dt.30-08-2024 2/2 submits that the criminal antecedent of the petitioner is not clean as there is one criminal case pending against him in which he is on bail. The petitioner is in custody since 30.10.2023 in the present case.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. In the present facts and circumstances of this case, let the petitioner above named, be granted bail as well as on being satisfied by the Trial Court that the petitioner is not absconding in the case pending against him whose detail is mentioned below, and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar in connection with Sessions Trial No.44 of 2024 arising out of Buxar (Muffasil) P.S. Case No. 468 of 2023, subject to the conditions as laid down U/s 437(3) Cr.P.C.

7. Pending case against the petitioner is as follows:- (I)- Buxar (Muffasil) P.S. Case No.550 of 2020. (Dr. Anshuman, J) Divyansh/- U T