Rakesh Kumar Baitha @ Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70485 of 2022 Arising Out of PS. Case No.-361 Year-2022 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Rakesh Kumar Baitha @ Rakesh Kumar Son of Suresh Baitha R/V- Naya Tola, Daleya P.S- Kuchaikote, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Naresh Prasad, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 25-03-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Kuchaikote P.S. Case No. 361 of 2022 lodged under Sections 25(1-B)(a)/ 26(1) of the Arms Act.

As per the prosecution case, the total recovery of one country made, one live cartridge and one knife have been made from the possession of the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is clean and he is in custody since 17.08.2022.

Patna High Court CR. MISC. No.70485 of 2022(2) dt.25-03-2023 2/2 Upon specific query from counsel for the petitioner that whether charge has been framed in this case or not, counsel submits that as per his knowledge, charge has not been framed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present, therefore, his bail petition is hereby rejected.

But liberty is hereby granted to the petitioner that he may renew his prayer for bail, two months after framing of charge and the Trial Court is directed to release him on bail imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

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