Patna High CourtCR. MISC./76092/2023rejected

Hari Kishor Prasad v. The State Of Bihar

2023-12-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76092 of 2023 Arising Out of PS. Case No.-89 Year-2023 Thana- AMNAUR District- Saran ====================================================== Hari Kishor Prasad Son Of Rajendra Prasad Village- Gopalpur Po- Pandit Ke Rampur Ps- Bhagwanpur Hat Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nalin Kumar For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner, informant and learned A.P.P appearing on behalf of the State.

The petitioner is languishing in custody in a case registered for the offences punishable under Section 414 of the Indian Penal Code and Section 25(1-B) a, 26 of the Arms Act.

There is recovery of one loaded country made pistol and one live cartridge and one stolen motorcycle from the possession of the petitioner.

Patna High Court CR. MISC. No.76092 of 2023(2) dt.06-12-2023 2/3 It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no concern with the alleged arms. The petitioner is languishing in custody since 24.04.2023. In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner and submitted that one country made pistol, one live cartridge and stolen motorycle were recovered from the possession of the petitioner. The petitioner has having criminal antecedents and he is involved in 9 other cases.

Considering the criminal antecedent of the petitioner and the recovery of the arms from his possession, this Court is not inclined to grant bail to the petitioner.

The prayer for grant of bail to the petitioner stands rejected.

Patna High Court CR. MISC. No.76092 of 2023(2) dt.06-12-2023 3/3 The Trial Court is directed to expedite the trial and conclude the same at the earliest.

(Sunil Kumar Panwar, J) Shageer/- U T