Md. Meraj @ Manna v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25910 of 2021 Arising Out of PS. Case No.-77 Year-2019 Thana- RUPASPUR District- Patna ====================================================== Md. Meraj @ Manna Son Of Abdul Kayum R/O Mohalla- Old Emarat Sariya, P.S.- Phulwari Sharif, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar For the Opposite Party/s :

Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-08-2021 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 Rupaspur P.S. Case No. 77/2019 registered for the offence punishable under Section 392 of the Indian Penal Code.

The prosecution case, in brief, is that one Kanhai Singh, who happened to be the informant of this case, lodged the instant case, against unknown alleging therein that when he came to attend the marriage ceremony at Patna on 14.02.2019,

Patna High Court CR. MISC. No.25910 of 2021(2) dt.18-08-2021 2/3 then five persons took his vehicle on the point of gun and fled away after throwing the informant at the Highway. It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner is not named in the F.I.R. and no T.I. parade has been done till date. He submits that on the basis of confessional statement of the co-accused, petitioner has falsely been implicated in the present case. No incriminating article has been recovered from his conscious physical possession. He submits that charge sheet has been submitted. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has 12 criminal antecedents as has been mentioned in para 3 of this bail petition and he is languishing in custody since 12.06.2019.

Learned APP for the State vehemently opposing the bail petition submitted that from para 3 of this bail petition it is clear that petitioner has twelve criminal antecedents against him. Considering the facts aforesaid, I am not inclined to grant privilege of bail to the petitioner in connection with Rupaspur P.S. Case No. 77/2019 to the satisfaction of learned A.C.J.M. IInd, Danapur, Patna.

Patna High Court CR. MISC. No.25910 of 2021(2) dt.18-08-2021 3/3 Accordinlgy, prayer for bail of the petitioner is hereby rejected.

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