Munna Kumar Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28207 of 2015 Arising Out of PS.Case No. -281 Year- 2014 Thana -HUSAINGANJ District- SIWAN ======================================================
1. Munna Kumar Pandey son of Sri Paras Nath Pandey Resident of VillageBhanta Pokhar, P.S Siwan,(Muffasil)District Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Radha Krishna Singh For the Opposite Party/s : Mr. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
Petitioner seeks bail in connection with Hussainganj P.S. Case No. 281 of 2014 registered for the offences punishable under Section 395 of the Indian Penal Code.
Allegedly when the informant was returning to his house, after closing his shop with a bag containing cash of Rs. 1,75,900/- and 49 notes of 500 denomination and 14 notes of 100 denomination with a laptop, then three motorcycle borne criminals stopped him and after pointing out pistol, demanded the bag otherwise to shoot him and then the two criminals snatched his bag and they started fleeing away towards Sidhwal with motorcycle then the villagers chased them resulting the petitioner
Patna High Court Cr.Misc. No.28207 of 2015 (3) dt.15-10-2015 2/3 was caught and he disclosed the name of his associates and after arrival of the police, the petitioner was searched and from his possession 49 notes of 500 denomination and 14 notes of 100 denomination and further 86 notes of 500 denomination having tag of Axis Bank was recovered and co-accused Abid Khan was also caught with glamour motorcycle.
Submission if of false implication and that the petitioner was caught on suspicion and the police has shown wrong recovery from the petitioner. Other co-accused Imran @ Imran Khan @ Panchar and Abid Khan have been allowed bail vide order dated 06.02.2015 and 03.03.2015 passed in Criminal Misc. No. 5130 o f 2015 and Criminal Misc. No. 7710 of 2015 respectively, though, Abid Khan was caught with one motorcycle. The petitioner is suffering in custody since 29.10.2014, having no criminal antecedent.
Learned A.P.P. opposes the prayer of bail by submitting that from possession of the petitioner part of the robbed amount has been recovered and after investigation chargesheet has been submitted under Sections 395 and 412 of the Indian Penal Code.
Considering that the petitioner was caught red handed with part of the robbed amount and as such this court is not
Patna High Court Cr.Misc. No.28207 of 2015 (3) dt.15-10-2015 3/3 inclined to enlarge the petitioner on bail and accordingly, such prayer stands rejected.
However, the trial court is directed to expedite the trial and conclude the same preferably within six months. (Jitendra Mohan Sharma, J) sushma/- U