Patna High CourtCR. MISC./7002/2024bail rejected

Manoj Sharma v. The State Of Bihar

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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7002 of 2024 Arising Out of PS. Case No.-95 Year-2023 Thana- ANDHRAMATH District- Madhubani ====================================================== Manoj Sharma S/o Suray Narayan Sharma R/o Vill - Dighiya, P.S. - Nirtmali, Dist. - Supaul (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Adv.

For the Opposite Party/s :

Mr.Rajiv Nayan, 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 Andhramath P.S. Case No. 95 of 2023 lodged under Sections 302 and 201 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons on the information of local chowkidar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has figured in this case only and only by virtue of his confessional statement as it transpires from the rejection order.

5. Counsel further submits that petitioner's antecedent

Patna High Court CR. MISC. No.7002 of 2024(2) dt.17-02-2024 2/2 is not clean. There are 18 criminal cases pending against petitioner and only due to this reason, his name has been inserted by the police. Counsel submits that he is in custody since 03.10.2023.

6. Learned counsel for the State opposes the prayer for bail and submits that petitioner's antecedent is not clean and there are in total 18 criminal cases pending against him which is continuously since 2014 onwards. He submits that at the time of consideration of bail, this aspect may be taken into consideration.

7. Upon specific query whether charge has been framed or not. Counsel submits that as per his knowledge, charge has not been framed till date.

8. 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.

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