Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70754 of 2023 Arising Out of PS. Case No.-180 Year-2020 Thana- BEUR District- Patna ====================================================== Akash Kumar, Son Of Tej Bahadur Prasad @ Bahadur Prasad @ Tej Bahdur Prasad R/O Mohalla- Duzra Near Murgi Farm, P.S.- Budha Colony, DistrictPatna At Present C/O Birendra Singh, Mohalla- Nasariganj, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Piyush Kant Singh, Adv.

For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Beur P.S. Case No. 180 of 2020, lodged on 24.07.2020 under Sections 400, 412 of the Indian Penal Code read with sections 25(1-b)a/26 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner. The allegation against the present petitioner is that one loaded pistol and one live cartridge has been recovered from the petitioner's possession. It was also confessed by the petitioner before the police that he was involved in bank dacoity and looted money along with one Nano car was also recovered from his possession.

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

Patna High Court CR. MISC. No.70754 of 2023(5) dt.07-03-2024 2/2 also submits that the criminal antecedent of the petitioner is not clean and there are four criminal cases pending against him in which he is on bail. The petitioner is in custody since 25.07.2020 in the present case.

5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner and submits that the criminal antecedent of the petitioner is not clean and he is accused either in dacoity or murder as well as under Arms Act. Counsel also submits that on the previous occasion, this Court has called for fresh status report and from the said report, it transpires that cognizance has been taken place in this case and the Trial Court has submitted its report that within ten months, the trial shall be concluded.

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

7. Accordingly, the prayer for regular bail of the petitioner in connection with Beur P.S. Case No. 180 of 2020, pending before the learned A.D.J.-XVII, Patna is hereby rejected.

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