Patna High CourtCR. MISC./64696/2023bail rejected

Shailesh v. The State Of Bihar

2023-10-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64696 of 2023 Arising Out of PS. Case No.-589 Year-2023 Thana- TURKAULIYA District- East Champaran ====================================================== Shailesh S/O Achhchhlelal Sahani Resident Of Village Majhar, PsTurkauliya, Dist- East Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Turkauliya P.S. Case No. 589 of 2023 lodged under Section 393 of the I.P.C. read with Sections 25(1-b)a/26/35 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against 3 named accused persons including the present petitioner against whom allegation is to attack on the informant with a view to snatch his tractor, but subsequently upon chase by the local persons, the accused persons including the present petitioner were apprehended. It comes in the seizure list that from the petitioner's possession, one desi pistol, 2 mobile phones with sim card were recovered.

Patna High Court CR. MISC. No.64696 of 2023(2) dt.11-10-2023 2/2

4. Learned counsel for the petitioner submits that one co-accused person, namely, Mukhlal Sah has been granted bail by the Co-ordinate Bench of this Court vide order dated 11.08.2023 passed in Cr. Misc. No. 50471 of 2023.

5. Counsel further submits that petitioner is in custody since 23.05.2023.

6. Learned counsel for the State opposes the prayer for bail.

7. Upon perusal of the bail order granted by the Coordinate Bench of this Court, it transpires that the said Mukhlal Sah has no criminal antecedent whereas the present petitioner has 2 criminal antecedent. As such, this Court is 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.

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