Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68328 of 2023 Arising Out of PS. Case No.-132 Year-2023 Thana- DUMRAO District- Buxar ====================================================== Deepak Kumar S/O Jag Narayan Singh @ Jag Narayan Yadav R/O VillageJ.P. Dera Chaki, P.S- Barahampur, Distt.- Buxar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohit Shriwastava, Advocate For the Opposite Party/s :

Mr. Akbar Ali, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Dumraon P.S. Case No.132 of 2023, lodged on 19.03.2023, under Sections 399/401/402/414/467/468/120B/411/412/414/34 of the Indian Penal Code and under Sections 25(1-b)A/26/35 of the Arms Act.

3. As per the prosecution case, FIR has been lodged against in total five named accused persons including the petitioner. From the FIR it transpires that one loaded Desi Katta and one live cartridge have been recovered from the possession of the present.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.68328 of 2023(2) dt.18-10-2023 2/2 that petitioner has been apprehended in this case only due to the reason that his criminal antecedent is not clean and, therefore, police has implanted this case against him. Counsel submits that petitioner is in custody since 20.03.2023 and about seven months have crossed. Counsel further submits that there are seven criminal cases pending against the petitioner and he submits that in one he is on bail and in other criminal cases he is persuading bail.

4. Learned counsel for the State opposes the prayer for bail and submits that there is allegation under Section 399 of the Indian Penal Code against the petitioner and criminal antecedent of the petitioner is not clean. There are seven criminal cases pending against the petitioner.

5. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

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