Surajmal Kumar @ Raushan Kumar @ Nanhe v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73181 of 2022 Arising Out of PS. Case No.-252 Year-2022 Thana- OBRA District- Aurangabad ====================================================== Surajmal Kumar @ Raushan Kumar @ Nanhe Son of Sri Shankar Paswan @ Shivshankar Paswan, R/V and P.O- Purnadih, P.S-Obra, Dist- Aurangabad. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs. Vaishnavi Singh, Adv.
:
Mr. Binod Kumar Pandey, Adv.
:
Mr. Udbhav, Adv.
For the Opposite Party/s :
Mr. Umeshanand Pandit, 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 Obra P.S. Case No. 252 of 2022, lodged under Sections 302/34 of the Indian Penal Code in which charge sheet has been submitted under Section 396 of the Indian Penal Code. As per prosecution case, there are in total 3 named persons who are made accused in this case.
Learned counsel for the petitioner submits that the F.I.R. has been lodged under Section 302/34 of the Indian Penal Code but after completion of investigation the charge has been
Patna High Court CR. MISC. No.73181 of 2022(2) dt.25-03-2023 2/2 framed under Section 396 of I.P.C. He further submits that the antecedent of petitioner is clean and he is in custody since 04.08.2022. He also submits that petitioner is ready to support in the trial.
Learned counsel for the State opposes the prayer for bail and submits that this case is a sessions triable case. 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 but hereby granting liberty to the present petitioner to move for bail after framing of charge. The trial court upon move for bail after framing of charge shall release the petitioner on bail imposing its own conditions so that he shall not evade his appearance during trial. With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) ritik/- U T