Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44097 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- DUMRA District- Sitamarhi ====================================================== Deepu Kumar Son of Ram Pravesh Rai Resident of village - Patahi, P.S.- Belsand, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr. Pranav Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Dumra P.S. Case No. 90 of 2022 registered for the offences punishable under Sections 399, 402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. As per the prosecution, the informant along with other police personnel acting upon a secret information apprehended this petitioner along with two other co-accused persons and from the possession of this petitioner a country-made pistol, a live cartridge and a mobile phone were recovered.

Patna High Court CR. MISC. No.44097 of 2022(2) dt.29-11-2022 2/3 The main submissions advanced by learned counsel Mr. Sanjay Kumar appearing for the petitioner are that the petitioner has been languishing in jail since 01.03.2022 and only one country-made loaded pistol, one live cartridge and a mobile phone were alleged to have been recovered from the possession of this petitioner and he is on bail in the cases shown as criminal antecedent in the paragraph No. 3 of his petition. Learned APP Mr. Pranav Kumar appearing for the State has opposed the prayer for bail.

Heard both the sides and perused the FIR and the seizure list. As per the seizure list the alleged country-made pistol along with one live cartridge were allegedly recovered from the possession of this petitioner and according to the prosecution the accused persons including the petitioner have been found making preparation for committing the offence of loot and the petitioner was apprehended at the spot and the petitioner has criminal antecedent of eight cases in which most of the cases relate to the offence of loot, theft and Dacoity. Considering all these facts, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected.

The petitioner may renew his bail prayer if any

Patna High Court CR. MISC. No.44097 of 2022(2) dt.29-11-2022 3/3 significant progress is not made in his case in respect of the proceeding of his trial.

(Shailendra Singh, J.) annu/- U T