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Patna High CourtCR. MISC./23035/2020bail rejected

Satyam Chaudhary @ Serjan v. The State Of Bihar

2020-10-19Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23035 of 2020 Arising Out of PS. Case No.-506 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== SATYAM CHAUDHARY @ SERJAN Son of Umakant Choudhary Resident of Village - Telhara Kala, P.S. - Kundwa Chainpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar, Advocate For the Opposite Party/s :

Mr. Shyamanand Shukla, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-10-2020 Heard Mr. Karandeep Kumar, learned counsel for the petitioner and Mr. Shyamanand Shukla, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Chiraiya P.S. Case No. 506 of 2019 registered for the offence punishable under Section 395 of the Indian Penal Code 1860.

The allegation as per the First Information Report is that when the informant was coming back after withdrawal of cash amounting to Rs.1,89,000/- from the Bank he was accosted by three people riding on a Motorcycle on the gun point, and in the meanwhile, co-

Patna High Court CR. MISC. No.23035 of 2020(4) dt.19-10-2020 2/3 accused Jitendra Patel and Dhiraj Gupta came on an Apache Motorcycle and Dhiraj Gupta pointed pistol on the informant. It has further been alleged that Jitendra Patel snatched bag containing cash from the informant. Thereafter, all the accused persons fled away. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case on the basis of confessional statement of co-accused Jitendra Patel. Learned counsel further submits that no Test Identification Parade has been conducted by the Police and petitioner has been arrested merely on suspicion. The petitioner is in custody since 13.02.2020. Learned counsel also submits that co-accused Shivam Kumar has been granted regular bail by a co-ordinate Bench of this Court vide order dated 5.6.2020 passed in Cr. Misc. 18330 of 2020.

Having heard learned counsel for the parties and taking into consideration the materials on record and the fact that the petitioner has got criminal antecedents having similar nature of case pending against him, I am not

Patna High Court CR. MISC. No.23035 of 2020(4) dt.19-10-2020 3/3 inclined to grant regular bail to the petitioner. Accordingly, prayer for regular bail of the petitioner stands rejected.

However, the petitioner may renew his prayer for bail after six months if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T