Md. Chand v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10233 of 2022 Arising Out of PS. Case No.-517 Year-2020 Thana- PATRAKARNAGAR District- Patna ====================================================== Md. Chand, Son of Md. Jawed, R/O Village- Purani Bazar, Bakhtiyarpur, P.S.- Bakhtiyarpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Kamaluddin, Advocate.
For the Opposite Party/s :
Mr. Zainul Abedin, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 06-09-2022 Heard Mr. Md. Kamaluddin, learned counsel appearing on behalf of the petitioner and Mr. Zainul Abedin, learned A.P.P. for the State.
Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.
The petitioner seeks regular bail in connection with Patrakar Nagar P.S. Case No. 517 of 2020 for the offence punishable under Section 394 of the Indian Penal Code. As per the prosecution story, the petitioner along with three other accused persons snatched the gold chain of the informant on the point of pistol.
Learned counsel appearing on behalf of the petitioner submitted that there is no eye witness to the alleged occurrence
Patna High Court CR. MISC. No.10233 of 2022(4) dt.06-09-2022 2/3 nor the petitioner has been put on T.I. parade till date. Petitioner has been made accused in this case on the basis of his confessional statement made in the police custody while he was apprehended in another case. Petitioner has remained in custody since 05.01.2021. Charge sheet has already been submitted. Learned counsel further informs this Court that in the year 2020, petitioner was made accused in connection with Patrakar Nagar P.S. Case No. 662 of 2020 and thereafter altogether eight cases have been lodged against him on the basis of his confessional statement. This shows that the police authorities of Patrakar Nagar Police Station are vindictive so far as the present petitioner is concerned and has intimidated the family members of the petitioner on the other hand.
Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. He has submitted that the petitioner has violated the terms and conditions of the order dated 05.07.2022 passed in connection with Patrakar Nagar P.S. case No. 662 of 2020 by committing one crime after another and subsequent to the present case as well. As such, it would not be in the interest of the society to release the petitioner on bail.
Considering the nature of allegation made against the
Patna High Court CR. MISC. No.10233 of 2022(4) dt.06-09-2022 3/3 petitioner as well as from the statement made in Para-3 of the bail application, altogether eight cases are pending against the petitioner and out of those petitioner has been released on bail in six cases by the co-ordinate Benches of this Court, this Court is not inclined to enlarge the petitioner on bail. Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously within a period of 15 months.
(Purnendu Singh, J) mantreshwar/- U T