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Patna High CourtCR. MISC./12509/2022rejected

Manjay Rai v. The State Of Bihar

2022-08-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12509 of 2022 Arising Out of PS. Case No.-540 Year-2021 Thana- DANAPUR District- Patna ====================================================== MANJAY RAI S/o Prayag Rai, R/o village- Mithila Colony, Ward No. 33, P.S.- Danapur, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Advocate For the Opposite Party/s :

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Danapur P.S. Case No. 540 of 2021 lodged under Sections 411, 413, 414, 467, 468 and 471/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the case, in which he has been made accused is Magisterial trial. He further submits that petitioner is in custody since 11.08.2021 and charge sheet has already been filed in this case. He further submits that co-accused Chandan Kumar of this case has moved before this court to whom a conditional bail was granted after framing of charge by the Co-ordinate Bench of this Court vide order dated 11.07.2022 passed in Cr. Misc. No. 485 of 2022.

Patna High Court CR. MISC. No.12509 of 2022(3) dt.10-08-2022 2/2 Learned counsel for the State opposes the prayer for bail and submits that motorcycle has been recovered from the possession of the petitioner. He further submits that petitioner has three criminal antecedent and all three cases are of similar nature belongs to same police station.

In the present facts and circumstances of the case, I am not inclined to grant bail to the petitioner at this stage. Accordingly, the bail petition of the petitioner is hereby rejected. Court below is directed to frame the charge.

Prosecution is at liberty to do needful, so that the trial of all the three cases may run before the same Court. The Trial Court is directed to provide identical dates in all cases, namely Danapur P.S. Case No.420/2021, 340/2021, 380/2021 and 540/2021.

With a view to maintain the parity, I am hereby directed that after framing of charge in this case, the Trial Court shall release the petitioner on his own conditions, so that the trial be concluded within one year.

With this direction, the bail application is rejected. (Dr. Anshuman, J.) ravishankar/- U T