Kunal Pandey @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81719 of 2023 Arising Out of PS. Case No.-207 Year-2023 Thana- ASHTHAWAN District- Nalanda ====================================================== Kunal Pandey @ Baba, Son Of Raj Kishore Pandey @ Kishore Pandey, R/O Village- Taraura, P.S.- Daniyawan, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Krishna Jha, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Asthawan P.S. Case No. 207/2023, lodged on 11.08.2023 under Section 414 of the Indian Penal Code and Section 25 (1-B)a, 26 of the Arms Act.

3. As per the prosecution case, the FIR has been lodged against the sole petitioner alleging therein that one country-made pistol along with one live cartridge has been recovered from his possession.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offense. In fact, the police have made him accused in this case of conspiracy as the petitioner is accused in two more criminal cases. The chargesheet has already been filed and the petitioner is in

Patna High Court CR. MISC. No.81719 of 2023(3) dt.05-03-2024 2/2 custody since 12.08.2023.

5. Learned counsel for the State opposes the prayer for bail and submits that the antecedent of the petitioner is not clean. Moreover, illegal arms have been recovered from his conscious possession and he is in custody since 12.085.2023.

6. Upon specific query from the counsel for the petitioner whether the charge has been framed or not, learned counsel for the petitioner submits that as per his knowledge, the charge has not been framed.

7. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner in connection with Asthawan P.S. Case No. 207/2023, pending before the learned ACJM, Biharsharif (Nalanda) is hereby rejected.

9. However, the petitioner may renew his prayer for bail two months after framing of charge.

10. With this observation, the bail application stands disposed off.

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