Md. Juber v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23450 of 2022 Arising Out of PS. Case No.-43 Year-2021 Thana- JANKINAGAR District- Purnia ====================================================== MD. JUBER Son of Md. Saddam, Resident of Village Vinobagram, Police Station - Janki Nagar, District - Purnia.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-08-2022 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 Janki Nagar P.S. Case No. 43 of 2021 lodged under Section 392 of the Indian Penal Code.

As per the prosecution, the allegation of robbery from the informant, at the instance of three persons were made in the F.I.R.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the present F.I.R. has been lodged against three unknown persons. He further submits that recovery has been

Patna High Court CR. MISC. No.23450 of 2022(3) dt.17-08-2022 2/3 made from the house of the petitioner but it is only Pan Card and Adhar Card of the informant. He further submits that petitioner is in custody since 01.06.2021 and charge sheet has already been filed. On the point of his criminal antecedent, learned counsel for the petitioner submits that petitioner is on bail in all the six cases pending against him and he is ready to fulfill all the conditions, whatsoever it may be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail and submits that it is clear cut case of robbery and the informant's Adhar card, Pan card, Lap Top as well as motorcycle used in the crime were alleged to be recovered either from the house of the petitioner or the surroundings of his house. In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner, particularly when the materials of the informant has recovered from petitioner's house but he may renew his prayer after one year from the date of framing of charge. Speedy trial is the constitutional vision of justice with a view to provide the speedy trial. It transpires from the record that there are in total seven cases pending against the petitioner which belongs to same district namely Purnea, which are as

Patna High Court CR. MISC. No.23450 of 2022(3) dt.17-08-2022 3/3 follows:

"(I) Janki Nagar P.S. Case No. 44 of 2021 (ii) Janki Nagar P.S. Case No. 14 of 2021 (iii)Janki Nagar P.S. Case No. 04 of 2021 (iv)Janki Nagar P.S. Case No. 43 of 2021 (v)K. Nagar P.S. Case No. 87 of 2020 (vi) Banmankhi P.S. Case No. 249 of 2020 (vii)Barhara P.S. Case No. 79 of 2020 All under Section 392 of the I.P.C., except one." District and Sessions Judge is directed to do the needful, so that all the cases which are Magisterial triable be run before one Court with one date in all cases.

Let the copy of this order is also communicated to the District and Sessions Judge, Purnea for perusal and necessary compliance.

Trial of cases be expedite at the earliest.

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