Md. Mahmood v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14082 of 2024 Arising Out of PS. Case No.-400 Year-2023 Thana- RANIGANJ District- Araria ====================================================== Md. Mahmood Son of Md. Samsul Ansari R/o vill - Rampur, ward no. 10, P.S. - Forbesganj, Distt. - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Mandal, Adv.

For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Raniganj P.S. Case No 400 of 2023 instituted for the offence punishable under Section 394 of the Arms Act.

3. As per the prosecution case, while the informant along with his wife was returning to home in the way two miscreants boarded on a motorcycle overtook and tried to snatch the bag containing Rs. 2,00,000/- from informant's wife due to which she fell down on the road and miscreant's motorcycle also fell down. Meanwhile, informant shouted upon which local villagers came there and caught the petitioner with motorcycle and another miscreant succeeded to snatch a gold

Patna High Court CR. MISC. No.14082 of 2024(2) dt.04-03-2024 2/3 chain of the informant's wife and fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the incriminating alleged bag of money was recovered from the possession of petitioner nor the alleged recovered motorcycle belongs to him. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 11.10.2023.

5. Learned APP for the State has vehemently opposed the prayer for bail.

6. From perusal of the F.I.R. and impugned order dated 19.12.2023, it appears that petitioner is named in the F.I.R. and F.I.R. registered under Section 394 of the I.P.C. against the two accused persons including the petitioner. Petitioner was apprehended on the spot while he was snatching the bag containing Rs. 2,00,000/- from the informant's wife. During investigation, witnesses have also supported the prosecution case. The allegation against the petitioner is of so serious nature.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner.

Patna High Court CR. MISC. No.14082 of 2024(2) dt.04-03-2024 3/3

8. Prayer for regular bail of the petitioner is hereby rejected.

9. The learned trial Court is directed to conclude the trial preferably within six months failing which, the petitioner will be at liberty to renew his prayer for bail. (Ramesh Chand Malviya, J) lata/- U T