Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47547 of 2022 Arising Out of PS. Case No.-395 Year-2022 Thana- SITAMARHI District- Sitamarhi ====================================================== Pawan Kumar Son of Sogarath Paswan, R/V- Phulwariya @ Narha Phulwariya (Jagdar) P.S- Sahiyara, Dist- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Santosh Kumar, Adv.

For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-11-2022 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 Sitamarhi P.S. Case No. 395 of 2022, lodged under Sections 399, 402 and 414 of the Indian Penal Code read with Sections 25(1-B)a, 26 and 35 of the Arms Act.

As per prosecution case, the recovery of 1 live cartridge has been made from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that antecedent of the petitioner is clean and he is in custody since 17.06.2022.

Patna High Court CR. MISC. No.47547 of 2022(2) dt.24-11-2022 2/2 Upon the specific query that whether charge has been framed or not, learned counsel for the petitioner submits that charge has not been framed.

Learned A.P.P. 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, the bail application is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail after lapse of 7 months from the date of framing of charge and the Trial Court is at liberty to release the petitioner on bail after imposing its own conditions, so that he may not evade his appearance during trial.

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