Nandlal Kumar @ Nandlal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68109 of 2023 Arising Out of PS. Case No.-196 Year-2023 Thana- NAUTAN District- West Champaran ====================================================== Nandlal Kumar @ Nandlal Yadav S/O Late Lal Babu Yadav R/O VillageHatsariya Santghat, P.S- Bairiya, Bettiah, Distt.- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prerna Kant, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Nautan (Jagdishpur) P.S. Case No.196 of 2023, lodged on 18.05.2023, under Sections 399/402/414 of the Indian Penal Code and under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution case, the recovery of one Desi Katta and one live cartridge has been made from the conscious possession of the petitioner.

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that he has been arrested and his name figured in different cases only due the reason of his criminal antecedents. He submits that the co-accused of this case from whose

Patna High Court CR. MISC. No.68109 of 2023(2) dt.18-10-2023 2/2 possession arms has been recovered has been granted bail by the Court-below itself. Counsel for the petitioner submits that petitioner is in custody since 19.05.2023 and there are ten criminal cases pending against him in which he is on bail in nine cases and in one case he is persuading for bail.

5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean and he is accused in ten criminal cases, which has been filed against him under various sections of Indian Penal Code, Arms Act and Excise Act. Therefore, request has been made by counsel for the State that at the time of consideration of bail this aspect may be taken into consideration.

6. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

8. However, the petitioner would be at liberty to renew the prayer for bail after framing of the charge. (Dr. Anshuman, J) Mkr./- U T