Kalendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 56993 of 2022 Arising Out of PS. Case No.-98 Year-2022 Thana- KOCHAS District- Rohtas ====================================================== Kalendra Kumar S/O Ram Bachan Singh Resident of village- Patpura, P.S.- Dehri (M), District- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Adv.

For the Opposite Party/s :

Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-02-2023 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 Kochas (Parsathua O.P.) P.S. Case No. 98 of 2022 lodged under Section 395 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against 6 unknown criminals against whom the allegation of snatching the pick-up van is there. Learned counsel for the petitioner submits that the said pick-up van has been recovered at Palamu, where the F.I.R. has also been lodged against the present petitioner and others. In the said case, he is on bail but for the case which is pending

Patna High Court CR. MISC. No. 56993 of 2022(4) dt.24-02-2023 2/2 here, he is persuading for bail. Counsel further submits that antecedent of the petitioner is not clean. There is one criminal case pending against him in which he is on bail. He submits that it is a same case which has filed at Palamu. Counsel submits that petitioner is in custody since 17.07.2022. Upon specific query from counsel for the petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case at present.

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 at present but liberty is hereby granted that he may renew his prayer for bail after framing of charge and the Trial Court is directed to release him, imposing its own conditions, so that he may not evade his appearance during trial. With this observation, the bail application stands rejected.

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