Shiv Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47803 of 2022 Arising Out of PS. Case No.-19 Year-2022 Thana- SIKTA District- West Champaran ====================================================== Shiv Kumar Sah Son Of Sukhi Sah R/O Village- Laxmipur, P.S.- Sikta, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, 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 Sikta P.S. Case No. 19 of 2022 lodged under Section 412 of the I.P.C. read with Section 25(1-b)A, 26, 35 of the Arms Act. As per the prosecution case, there were 2 persons made accused in this case and during random search, the recovery of Arms and one live cartridges were recovered from the possession of the petitioner.

Learned counsel for the petitioner submits that antecedent of the petitioner is clean and he is in custody since 08.02.2022 of about 10 months. Learned counsel submits that

Patna High Court CR. MISC. No.47803 of 2022(2) dt.24-11-2022 2/2 charge sheet has already been filed in this case. Learned counsel submits that he is ready to fulfill all the conditions whatsoever shall be imposed upon him.

Upon specific query whether charge has been framed or nor, learned counsel submits that charge has not been framed. 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, the bail application of the petitioner is hereby rejected but liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. The Trial Court shall release him on bail thereafter imposing own conditions so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

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