Patna High CourtCR. MISC./30529/2018rejected

Pappu Kumar @ Pappu Rai v. The State Of Bihar

2018-05-17Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30529 of 2018 Arising out of PS. Case No.-552 Year-2017 Thana- Hajipur Sadar District- Vaishali ====================================================== Pappu Kumar @ Pappu Rai, S/o- Sri Lal Saheb Rai, R/v- Digha, P.S.- Digha, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar Sinha For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 17-05-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 08.11.2017, seeks bail in connection with Hajipur Sadar P.S.Case No. 552 of 2017 registered under Sections 399, 402 and 414 of the Indian penal Code and Section 25(1-b)a,26 and 35 of the Arms Act. Allegation in brief is that police, on secret information, regarding assembly of criminals, raided the place in mid-night and apprehended large number of miscreants with arms and other incriminating articles and from possession of the petitioner, a loaded country made pistol and three live cartridges were recovered.

Submission is that similarly situated co-accused Chandan Thakur has been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 5744 of 2018 and he too had three criminal antecedents like the petitioner.

Patna High Court Cr.Misc. No.30529 of 2018(2) dt.17-05-2018 2/2 However, it is apparent from the order passed in the case of Chandan Thakur that bail was granted to him considering his clean antecedent, so the State may seek cancellation of bail of Chandan Thakur.

So far as the case of the petitioner on merit is concerned, considering the recovery of firearms from his possession and three criminal antecedents of dacoity and robbery, his prayer of bail is presently rejected. However, the trial court is directed to expedite the trial.

(Arun Kumar, J) sujit/- U T