Patna High CourtCR. MISC./7221/2024bail rejected

Jiyaul @ Md. Jiyabul v. The State Of Bihar

2024-02-17Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7221 of 2024 Arising Out of PS. Case No.-152 Year-2021 Thana- JHANJHARPUR District- Madhubani ====================================================== Jiyaul @ Md. Jiyabul SON OF ANSARUL HAK RESIDENT OF VILLAGEBHELWA WARD NO. 16 PS- JAI NAGAR DISTT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash, Advocate For the Opposite Party/s :

Mr.Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Jhanjharpur (ASOP) P.S. Case No. 152 of 2021, lodged on 09.06.2021 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against two unknown with an allegation of committing loot of a motorcycle and cash amount of Rs.4,93,806/-.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR, rather his name has surfaced in this case by virtue of confessional statement of co-accused, Md. Raja, who has been granted bail by the Sessions Court itself vide order dated 25.11.2021. The petitioner is accused in one

Patna High Court CR. MISC. No.7221 of 2024(2) dt.17-02-2024 2/2 more criminal case and is in custody since 08.07.2021. The chargesheet has already been filed.

5. Learned counsel for the State opposes the prayer for bail and submits that the looted motorcycle and some cash amount have been recovered from the possession of the petitioner.

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

7. Accordingly, the prayer for regular bail of the petitioner in connection with Jhanjharpur (ASOP) P.S. Case No. 152 of 2021, pending before the learned ACJM-1st, Jhanjharpur, Madhubani is hereby rejected.

8. However, the petitioner may renew his prayer for bail six months after framing of charge, if not framed.

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

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