Dhananjay Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24164 of 2020 Arising Out of PS. Case No.-22 Year-2017 Thana- GURUA District- Gaya ====================================================== Dhananjay Das Son of Late Chalitar Ravidas Resident of Village Jay Bigha, P.S. Gurua, District Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Paras Nath For the Opposite Party/s :

Mr.Manoj Kumar.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. Petitioner seeks bail in Gurua P.S. Case No. 22 of 2017 registered for the offence under Section 392 of the Indian Penal Code.

As per prosecution case, on 28-02-2017 at about 10:00 AM, while the petitioner was working in optical fibre of BSNL, three miscreants on the motorcycle came and on the point of pistol, took away his Samsung mobile and also gave threat from mobile no. 9128368514, which after inquiry was found to be of petitioner.

It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence. Petitioner is not named in the FIR. No incriminating article has been recovered from

Patna High Court CR. MISC. No.24164 of 2020(2) dt.21-09-2020 2/2 possession of petitioner. It is further submitted that mobile no. 9128368514 is not registered in the name of petitioner and his name has been disclosed by someone else due to enmity. In this case, chargesheet has already been submitted and cognizance of offence has already been taken. Petitioner is in custody since 30-06-2018.

However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that name of petitioner has come during course of investigation and petitioner is accused in altogether 7 cases.

Considering the aforesaid facts & circumstances and criminal antecedents of petitioner, I am not inclined to grant him bail. The bail application stands dismissed.

Let the trial be expedited.

(Prabhat Kumar Singh, J.) anay U T