Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 55348 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Vikash Kumar Son Of Chandradeo Sahani R/O Village- Madhuwan, Kanti, P.S.- Minapur, Distt.- Muzaffarpur(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-02-2023 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 Minapur P.S. Case No. 289 of 2022 lodged under Sections 399, 402, 400, 401, 34 of the I.P.C. read with Sections 25(1-b)A, 26/35 of the Arms Act.

As per the prosecution case, the F.I.R. has been lodged against 8 named accused persons and upon secret information, the police received information that somebody are planning for dacoity and police reached there, arrested them and search were made. Upon search from the petitioner's possession, one desi katta and one live cartridge were

Patna High Court CR. MISC. No. 55348 of 2022(2) dt.21-02-2023 2/2 recovered.

Learned counsel for the petitioner submits that the petitioner is in custody since 06.06.2022. The only thing against the petitioner is that he has 5 criminal cases pending against him and he is on bail in all the 5 cases.

Learned counsel for the State opposes the prayer for bail.

Upon specific query that whether charge has been framed in this case or not, counsel submits that he is not aware that whether charge has been framed or not.

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, his bail petition is hereby rejected. Liberty is hereby granted that he may renew his prayer for bail after framing of charge. In case, charge has already been framed in this case, then the Court shall release the petitioner on bail imposing its own conditions, so that petitioner may not evade his appearance during trial.

With this observation, the bail application stands rejected.

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