Patna High CourtCR. MISC./6303/2024bail rejected

Md. Raja v. The State Of Bihar

2024-02-16Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6303 of 2024 Arising Out of PS. Case No.-103 Year-2023 Thana- PATRAKARNAGAR District- Patna ====================================================== Md. Raja son of Md. Shahbuddin R/o- Gurhah Sakin Patna City, PsKhajekalan Dist- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Patrakar Nagar P.S Case No. 103 of 2023 from the Court of learned Additional District and Sessions Judge14, Patna registered for the offences punishable under Sections 379 of the I.P.C.

3. As per allegation in the FIR, one bullet motorcycle was stolen.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel for the petitioner submits that on

Patna High Court CR. MISC. No.6303 of 2024(2) dt.16-02-2024 2/3 suspicion the police has given name of the petitioner. It is also submitted that petitioner is in judicial custody since 05.08.2023.

5. However, learned APP for the State opposes the prayer for regular bail of the petitioner and submitted that concerned motorcycle was recovered from the petitioner.

6. In view of the allegation, as regard to recovery of bullet motorcycle from the petitioner for which petitioner has no satisfactory explanation. In view of the fact that petitioner has got five criminal antecedent as stated in impugned order of learned trial court dated 15.12.2023 passed in and the alleged motorcycle was recovered from the possession of the petitioner. In these circumstances, considering the aspects of the case, this Court is not inclined to grant bail to the petitioner. Prayer for regular bail of the petitioner is hereby rejected.

7. However, the trial court is directed to conclude the trial within six months from the date of

Patna High Court CR. MISC. No.6303 of 2024(2) dt.16-02-2024 3/3 receipt of this order, if the trial not concluded within the stipulated period then the petitioner may renew his prayer for bail before the trial court.

(Ramesh Chand Malviya, J) Mayank/- U T