Amar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66309 of 2023 Arising Out of PS. Case No.-133 Year-2023 Thana- BALIYA District- Begusarai ====================================================== Amar Kumar Son Of Kaushal Kishore Singh Resident Of Village - Bahadur Nagar, Hari Tola, P.S. - Muffasil, District - Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Ballia P.S. Case No. 133 of 2023, lodged on 21.05.2023, under Sections 323/342/392 of the I.P.C.

3. It transpires to this Court from the FIR that the case has arisen by virtue of filing complaint case, which was subsequently referred to the Police Station under Section 156(3) Cr.P.C. It is also clear that in the FIR name of accused has not been disclosed and case has been filed only against 4-5 persons.

4. Learned counsel for the petitioner submits that name of the petitioner has figured in this case on the basis of confessional statement. Counsel submits that the sole vehicle was not recovered either from the possession of the petitioner or

Patna High Court CR. MISC. No.66309 of 2023(2) dt.16-10-2023 2/2 from the possession of co-accused persons. The petitioner has not been put on Test Identification Parade. It has also been mentioned that petitioner is in custody since 16.06.2023 in this case.

5. Learned counsel for the State opposes the prayer for bail and submits that there are six criminal antecedents against the petitioner. Therefore, at the time of consideration of bail this aspect may be taken into consideration.

6. It transpires to this Court that all the sections in which FIR has been lodged are Magisterial trial, but it is true that there are six criminal cases pending against the petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner but direction is hereby given to the trial Court that the petitioner shall be directed to release on bail only after framing of the charges imposing conditions so that the petitioner may not evade during the trial. (Dr. Anshuman, J) Mkr./- U T