Md. Nasim @ Nasim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71495 of 2022 Arising Out of PS. Case No.-169 Year-2022 Thana- PIYAR District- Muzaffarpur ====================================================== Md. Nasim @ Nasim Ansari S/o Asalam Ansari @ Md. Aslam R/o VillageMaheshpur, P.S.- Pear(Hatha O.P.), Distt- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raju Kumar, Adv.

For the Opposite Party/s :

Mr. Arun Kumar Pandey, 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 Pear P.S. Case No. 169 of 2022 lodged under Section 414 of the I.P.C. read with Sections 25(1-B)a, 26 of the Arms Act. As per the prosecution case, the recovery of one desi katta, one live cartridge and one K.T.M. bike have been made from the possession of the petitioner, which is the subject matter of the present case.

Learned counsel for the petitioner submits that there are two criminal antecedents of the petitioner in which he is on bail in both the cases. Counsel submits that petitioner is in

Patna High Court CR. MISC. No.71495 of 2022(2) dt.25-03-2023 2/2 custody since 12.08.2022.

Learned counsel for the State opposes the prayer for bail and submits that there are two criminal antecedents of the petitioner.

Upon specific query from the counsel for petitioner that whether charge has been framed in this case or not, counsel submits that he is not aware that charge has framed in this case or not.

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