Patna High CourtCR. MISC./25159/2024bail rejected

Niraj Yadav v. The State Of Bihar

2024-05-01Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25159 of 2024 Arising Out of PS. Case No.-92 Year-2021 Thana- PIRPAINTI District- Bhagalpur ====================================================== Niraj Yadav S/o Bramha Yadav R/o Vill.- Chhota Jirwabari, P.S.- Sahebganj, Dist.- Sahebganj (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-05-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Pirpainty P.S. Case No. 92/2021 registered on 01.05.2021 for the offenses punishable under Section 392 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against three unknown accused persons with an allegation of snatching the informant's motorcycle and mobile phone.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather his name has surfaced in this case, in the course of the investigation, on the

Patna High Court CR. MISC. No.25159 of 2024(2) dt.01-05-2024 2/2 basis of the confessional statement of co-accused, Pankaj Kumar Pandey. Nothing incriminating has been recovered from the possession of the petitioner.

5. Learned APP for the State vehemently opposes the prayer for bail and submits that the name of the petitioner has come during the course of investigation and above all, the antecedent of the petitioner is not clean as he is accused in six more criminal cases.

6. In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Pirpainty P.S. Case No. 92/2021, pending before the learned ADJ-X, Bhagalpur is hereby rejected.

7. However, the present order shall not cause any prejudice to the petitioner in the course of considering the prayer for regular bail of the petitioner on merit by the learned trial Court, if he surrenders and prays for regular bail. (Dr. Anshuman, J) Ashwini/- U T