Patna High CourtCR. MISC./18186/2015dismissed

Ashok Rajak v. The State Of Bihar

2015-07-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18186 of 2015 Arising Out of PS.Case No. -507 Year- 2014 Thana -GAYA MUFFSIL District- GAYA ======================================================

1. Ashok Rajak Son of Sohan Rajak, Resident of Village - Silli, P.S. - Silli, District - Ranchi (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gauri Shankar Prasad For the Opposite Party/s : Mr. Dr. Ajeet Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-07-2015 Heard both sides.

The petitioner seeks bail in a case under section 394 of the Indian Penal Code.

The informant is the driver of Tata Haiva vehicle who along with the Khalasi Karu Manjhi was going to Bhindas. It is alleged that four unknown persons dragged them from Tata Hiva vehicle and forcibly got them seated in the Bolero vehicle. Haiva vehicle was also stolen.

It is submitted that the petitioner is not named in the F.I.R. Nothing has been recovered from possession of the petitioner. The petitioner was not put on T.I. parade. From perusal of the case diary, it appears that the petitioner and Sanju Paswan was going towards Ranchi with the stolen Tata Hiva

Patna High Court Cr.Misc. No.18186 of 2015 (3) dt.06-07-2015 vehicle. Seeing the police they tried to flee away leaving the vehicle by the side of the road but they were apprehended. A mobile sim was also recovered from possession of the petitioner. Considering the facts that it is a High Way robbery and the petitioner along with Sanju Paswan were apprehended while they were taking the robbed vehicle, I am not inclined to enlarge the petitioner on bail in connection with Mufassil P.S. Case No. 507 of 2014 pending in the court of the learned Chief Judicial Magistrate, Gaya. This application for bail is, accordingly, rejected.

The trial court is directed to expedite the trial of the petitioner and conclude the same within six months from the date of receipt/production of a copy of this order. If the trial is not concluded by the aforesaid time, the petitioner may renew his prayer for bail.

(Prabhat Kumar Jha, J) Amin/- U