Taj Ali @ Md. Taj Ali v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14018 of 2024 Arising Out of PS. Case No.-366 Year-2023 Thana- ARA NAGAR District- Bhojpur ====================================================== Taj Ali @ Md. Taj Ali S/O Md. Kapil @ Md. Fahim Kapil R/O Village- Rauza Mohalla, Ps.- Ara Town, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akash Kumar Mishra For the Opposite Party/s :
Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 366 of 2023, lodged on 11.05.2023 under Sections 341, 307, 332, 333, 353 of the Indian Penal Code and Section 25(1-b)a/26/27/35 of the Arms Act.
3. As per the prosecution case, the FIR has been lodged against named accused persons from whose possession Rs. 4,99,500/- along with one country made pistol and three live cartridges has been recovered along with other materials.
4. Learned counsel for the petitioner submits that the petitioner has not committed any offence. Counsel submits that the said money belongs to the institution in which the petitioner
Patna High Court CR. MISC. No.14018 of 2024(3) dt.24-04-2024 2/3 was working. Counsel submits that the antecedent of the petitioner is not clean and there are five criminal cases pending against him and he is in custody since 16.09.2023. But he has stated that out of five cases, name of the petitioner has figured in four cases. After the present case there was only one case pending against him. He further submits that petitioner is not an accused rather he is a victim in this case.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that as per the FIR the petitioner was apprehended by the police with the arms and at the time of arrest open fire took place from both the side i.e., from the petitioner's side and the police side. In which the petitioner as well as one police personnel got injured. Counsel further submits that the petitioner is involved in commission of loot in the State Bank of India, Near Arya Samaj Temple, with this allegation and the story of robbery has come in the case diary. It has been apparently mentioned in the rejection order of the Addl. Sessions Judge-XIII, Bhojpur at Ara.
7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner in connection with Ara Town P.S. Case No. 366 of 2023, pending before the
Patna High Court CR. MISC. No.14018 of 2024(3) dt.24-04-2024 3/3 learned Chief Judicial Magistrate, Bhojpur at Ara is hereby rejected.
(Dr. Anshuman, J) Sudha/- U T