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Patna High CourtCR. MISC./57795/2017dismissed

Anirudh Ram @ Chhotu v. The State Of Bihar

2018-01-03Mr. Justice Sudhir Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57795 of 2017 Arising Out of PS.Case No. -288 Year- 2016 Thana -DUMRAUN District- BUXAR ====================================================== Anirudh Ram @ Chhotu S/o Nand Lal Ram , R/o Village- Naya Bhojpur, P.S.- Dumraon, District- Buxar.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Nil Kamal, Advocate. For the Opposite Party : Mr. Abhay Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-01-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.12.2016 in connection with Dumraon P.S. Case No. 288 of 2016 for the offence registered under Section 394 of the IPC. Later on, Sections 395, 397, 412 and 120(B) of the IPC were also added.

The prosecution story, in brief, is that on 04.11.2016 at about 6.15 A.M., the informant alongwith his brother was going to Dumraon Station on a red colour Scooty, when they reached near Brahm Baba More, three miscreants riding on a Pulsar Bike stopped them. Two of the miscreants alighted from the Bike and surrounded the informant and his brother. Three miscreants started

Patna High Court Cr.Misc. No.57795 of 2017 (3) dt.03-01-2018 2/3 snatching the bag containing cash when the informant on his head with the butt of the pistol. After this, all miscreants snatched the bag containing Rs. 10,000/- and fled away towards Station. Bike used in the offence was not having any number plate and was black in colour. The informant claims to have identified the miscreants.

This is second attempt on behalf of the petitioner for grant of bail.

Earlier bail application of the petitioner was rejected vide Cr. Misc. No. 8400 of 2017 dated 21.04.2017 taking into account that the alleged amount is said to have been recovered from possession of the petitioner. The petitioner was put on T.I. Parade where he has been identified by the witnesses. A report was called for from the court below regarding the stage of the case. It has been reported that out of 12 prosecution witnesses, one prosecution witness has already been examined and within a period of six months the trial is expected to be concluded.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in connection with Dumraon P.S. Case No. 288 of 2016, pending in the court of learned C.J.M. Buxar.

Patna High Court Cr.Misc. No.57795 of 2017 (3) dt.03-01-2018 3/3 The court below is directed to take all necessary steps to conclude the trial within a period of six months from the date of receipt/production of copy of this order.

The District Magistrate, Buxar and the Superintendent of Police, Buxar are directed to ensure that the prosecution witnesses are produced on the date fixed by the court below so that the trial court be concluded within the stipulated period. Let a copy of this order be communicated to the District Magistrate, Buxar and the Superintendent of Police, Buxar.

U.K./- (Sudhir Singh, J) U T