Vishal Kumar @ Kala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66743 of 2023 Arising Out of PS. Case No.-384 Year-2022 Thana- BUNIYAD GANJ District- Gaya ====================================================== Vishal Kumar @ Kala, S/O Pappu Mehta Mohalla- Manpur, Kurmitoli @ Sudhi Tola, Ps. Muffasil, Dist. Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== 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 Buniyadganj P.S. Case No. 384/2022, lodged on 18.11.2022 under Sections 386,34 of the Indian Penal Code.

3. As per the prosecution case, the allegation against 5 named accused persons including the petitioner is that they used to spread fear, demanding extortion as well as threatening the businessmen of the locality, and due to their fear neither anyone disclosed their name nor they dared to lodge a case against them. Thereafter, the present FIR has been lodged by the SHO himself.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner has been remanded in the present case and is in

Patna High Court CR. MISC. No.66743 of 2023(2) dt.16-10-2023 2/2 custody since 19.06.2023. The petitioner is accused in 12 more criminal cases, but in all the cases, he is on bail.

5. Learned counsel for the State opposes the prayer for bail and submits that at the time of considering the prayer for bail of the petitioner, this aspect must be taken into consideration that the petitioner has serious criminal antecedents.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Buniyadganj P.S. Case No. 384/2022, pending before the learned ACJM VIII, Gaya is hereby rejected.

8. However, the trial Court is directed to release the petitioner on bail after six months of framing of charge by imposing its own condition so that the petitioner may not evade appearance during trial, if he renews his prayer for bail.

9. With this observation, the bail application stands disposed of.

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