Badal Kumar @ Badal Singh @ Dhanush Kashyap v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4075 of 2024 Arising Out of PS. Case No.-554 Year-2022 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Badal Kumar @ Badal singh @ Dhanush Kashyap Son of Santosh Singh R/o vill - Sain Pati Ram Rai Tola, P.s. - Kanti, Dist. - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Adv.
For the Opposite Party/s :
Mr.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sadar P.S. Case No.554 of 2022 lodged under Sections 392 of the I.P.C. later on sections 395 and 412 of the I.P.C. was also added.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation of Bank robbery on gun point and recovery of looted money of the Bank and one country made pistol have been alleged to be made, which is subject matter of the present case.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.4075 of 2024(6) dt.12-07-2024 2/3 that the petitioner has come in this case only by virtue of confessional statement of co-accused and police has shown recovery of Rs.1.5 lakh and one country made pistol from the possession of the petitioner, but he submits that the said recovery has been made in another case and police has created link of the said money with the present case.
5. Counsel further submits that the petitioner is basically victim due to the reason that the petitioner has four criminal antecedent in which he is on bail. He submits that the petitioner is in custody since 23.02.2023.
6. Counsel further submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.
7. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide Annexure-2, 3 and 4 of the bail petition.
8. Learned counsel for the State opposes the prayer for bail and submits that the looted money and country made pistol have been recovered from the possession of the petitioner. The petitioner is accused of Bank dacoity and there are four criminal cases pending against him.
9. Counsel also submits that at the time of
Patna High Court CR. MISC. No.4075 of 2024(6) dt.12-07-2024 3/3 consideration of bail, petitioner's antecedent must be taken into consideration.
10. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.
11. However, trial court is directed to conclude the trial within 9 (nine) months from today.
(Dr. Anshuman, J.) Prakashmani/- U T