Md. Irshad @ Amit @ Chhathu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27618 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== Md. Irshad @ Amit @ Chhathu Son Of Md. Nasir Resident Of Village - Mirzapur, P.S. - Kanti, Distt. - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect(s), 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 Kanti P.S. Case No. 564 of 2022 registered on 18.08.2022 lodged under Sections 392, 395, 412 of the I.P.C. As per the prosecution case, the F.I.R. has been lodged against 3-4 unknown accused persons, against whom allegation of snatching is there. A pick-up van loaded with Aisan Paint was alleged to be looted by the said accused persons. Learned counsel for the petitioner submits that name of the petitioner has come on the confessional statement of the co-accused persons. Counsel for the petitioner submits that case

Patna High Court CR. MISC. No.27618 of 2023(2) dt.06-06-2023 2/3 was lodged under Sections 392, 395 and 412 of the Indian Penal Code due to the reason that recovery was made after the confessional statement of the co-accused made. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 02.09.2022 having five criminal cases pending against him, out of which, he is on bail in three case and in rest two cases, he is persuading for bail. Counsel further submits that two other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 24.04.2023 in Cr. Misc. No. 11930 of 2023 and vide order dated 04.05.2023 in Cr. Misc. No. 10411 of 2023. Learned counsel for the State opposes the prayer for bail and submits that there are five criminal cases pending against the petitioner.

Upon specific query that whether charge has been framed or not, counsel for the petitioner submits that as per his knowledge charge has not been framed.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

Liberty is hereby granted to the petitioner that he may

Patna High Court CR. MISC. No.27618 of 2023(2) dt.06-06-2023 3/3 renew his prayer for bail, after framing of charge. Trial Court is directed to release the petitioner on bail afterthat, imposing its own conditions, so that he may not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) Ashishsingh/- U T