Ajay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55316 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Ajay Kumar Son Of Daya Bhagat @ Baidhath Bhagat @ Baijnath Prasad, Resident Of Village - Manguraha, P.S.- Baruraj, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 56753 of 2022 Arising Out of PS. Case No.-108 Year-2022 Thana- BARURAJ District- Muzaffarpur ====================================================== Vipul Singh @ Vipul Kumar S/O Ram Naresh Singh, R/V- Sirsiya, P.S.- Kathaiya, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 55316 of 2022) For the Petitioner/s :

Mr. Rakesh Ranjan, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP (In CRIMINAL MISCELLANEOUS No. 56753 of 2022) For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 Let the defect, if any, be removed within two weeks from today.

Heard learned counsels for the petitioners and learned A.P.Ps. for the State.

The petitioners seek regular bail in connection with N.D.P.S. Case No. 131 of 2022 arising out of Baruraj P.S. Case

Patna High Court CR. MISC. No.55316 of 2022(2) dt.21-02-2023 2/3 No. 108 of 2022 lodged under Sections 399, 402 and 414 of the I.P.C. read with Sections 25(1-b)a, 26 and 35 of the Arms Act and Sections 8, 20(b), (ii)(B) of the N.D.P.S. Act. As per prosecution case, the allegation against the petitioner of Cr. Misc. Case No.55316 of 2022 is that there are recovery of one pistol and two life cartridges have been made from his possession. No NDPS material has been recovered from his possession.

Learned counsel for the petitioner of Cr. Misc. Case No.55316 of 2022 submits that the antecedent of the petitioner is clean and he is in custody since 05.06.2022. Learned counsel for the petitioner of Cr. Misc. Case No. 56753 of 2022 submits that neither any NDPS material nor arms was recovered from possession of the petitioner and his name has figured in this case by virtue of confessional statement of the co-accused alleging that the petitioner of Cr. Misc. Case No. 56753 of 2022 is the main leader of this gang. There are in total three criminal cases pending against the petitioner and he is in custody since 16.06.2022.

Learned counsel for the State opposes the prayer for bail.

Upon specific query that whether charge has been

Patna High Court CR. MISC. No.55316 of 2022(2) dt.21-02-2023 3/3 framed or not, counsels for the petitioners submit that as per their knowledge, charge has not been framed.

In this view of the matter, I am not inclined to grant bail to the petitioners. Accordingly, the bail petitions of the petitioners are hereby rejected.

Liberty is hereby granted to the petitioners that they may renew their prayer for bail after framing of charge. (Dr. Anshuman, J.) ravishankar/- U