Rakesh Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24463 of 2021 Arising Out of PS. Case No.-425 Year-2018 Thana- TAJPUR District- Samastipur ====================================================== Rakesh Sahni Son Of Ashok Sahni Resident Of Village - Ahmudpur, P.S.- Tajpur (O.P.), Distt.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-08-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Tajpur P.S. Case No. 425 of 2018 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is that petitioner in association with other accused persons on the point of pistol looted Rs. 3,12,600/- from the informant who is an employee of finance company while he was returning back after collecting loan amount from different persons. It is alleged that they also snatched one mobile phone and motorcycle of the informant and fled away. It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.24463 of 2021(2) dt.17-08-2021 2/2 petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. No incriminating article has been recovered from his conscious physical possession. He submits that petitioner is not named in the F.I.R. and no T.I. parade has been done till date in this case. He submits that only on suspicion petitioner has been made accused in the present case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has four criminal antecedents as has been mentioned in para 3 of this bail petition and he is languishing in custody since 26.06.2020.

Learned APP for the State opposed the bail petition. In the facts and circumstances of the case and considering the criminal antecedents of the petitioner, I am not inclined to grant privilege of bail to the petitioner in connection with Tajpur P.S. Case No. 425 of 2018 to the satisfaction of Learned A.C.J.M., Samastipur. Accordingly, prayer for bail of the petitioner is hereby rejected.

However, petitioner may renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) GAURAV S./- U T