Md. Yunus @ Md. Sultan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52751 of 2024 Arising Out of PS. Case No.-695 Year-2023 Thana- PIRBAHOR District- Patna ====================================================== Md. Yunus @ Md. Sultan S/O Faiyaz Khan @ Md. Faiyaz @ Md. Faiz R/O Village-Training School Near Zafar Gali,P.S.-Sultanganj, Distt-Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhimanyu Deo, Adv.
For the Opposite Party/s :
Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Pirbahore P.S. Case No. 695 of 2023 dated 21.09.2023, lodged under Sections 25(1-b)a, 26, 35 of the Arms Act.
3. Learned counsel for the petitioner submits that the bail application of the petitioner was earlier rejected vide order dated 07.02.2024 passed in Cr. Misc. No. 5003 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 which is annexed as Annexure-3 of the bail application. Counsel further submits that the criminal antecedent of the petitioner is not clean and there is one criminal case pending against him in which he is on bail. The petitioner
Patna High Court CR. MISC. No.52751 of 2024(2) dt.31-07-2024 2/2 is in custody since 22.09.2023 in the present case.
4. From perusal of the Annexure-3 of the bail application, it transpires to this Court that the said annexure is not the order of charge framed, rather, it is an order of cognizance.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Pirbahore P.S. Case No. 695 of 2023, pending before the learned Chief Judicial Magistrate, Patna is hereby rejected.
(Dr. Anshuman, J) Divyansh/- U T