Patna High CourtCR. MISC./68620/2023bail rejected

Lalbabu Rai @ Lala v. The State Of Bihar

2023-10-19Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68620 of 2023 Arising Out of PS. Case No.-303 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Lalbabu Rai @ Lala Son Of Late Vilash Rai R/O Vill - Amritpur, P.S. - Vaishali, Distt. - Distt. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Vaishali P.S. Case No. 303 of 2023, lodged on 15.07.2023, under Sections 399/402 of the I.P.C. and under Sections 25(1b)A/26/35 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against eleven named accused persons including the petitioner. As per the FIR, the police apprehended the petitioner in a raid when the police reached there on the secret information that some persons are gathered for commission of crime.

4. Learned counsel for the petitioner submits that the petitioner has been apprehended by the police and from his possession one country-made pistol and live cartridges were

Patna High Court CR. MISC. No.68620 of 2023(2) dt.19-10-2023 2/2 recovered. Counsel submits that petitioner is in custody since 15.07.2023 and there is five criminal cases pending against the petitioner in which he is on bail in two criminal cases and in rest cases he is persuading for bail.

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

6. In the present facts and circumstances and considering the criminal antecedents of the petitioner, this Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is rejected.

7. However, liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of the charges.

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