Sone Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39516 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- BEUR District- Patna ====================================================== SONE LAL S/O NARESH MAHTO R/o- Sabalpur-28, P.S.- Sonpur, DisttSaran (Chhapra), A/P- Gosai Tola, Mahto Gali (Machhali Gali), P.S.- Patliputra, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand Kumar, Advocate.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-02-2022 Heard the parties through video conferencing. Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within two weeks of the complete start of the physical Court in normal course.

The petitioner, who is in custody since 04.11.2020, seeks regular bail in connection with Beur P.S. Case No. 154 of 2020 for the offence punishable under Section 395 of the Indian Penal Code.

Prosecution case in brief is that 6 to 8 unknown miscreants entered into the Branch of Punjab National Bank and on the point of pistol committed robbery of Rs. 52,58,500/- (Rupees fifty two lacs fifty eight thousand and five hundred)

Patna High Court CR. MISC. No.39516 of 2021(4) dt.04-02-2022 2/3 and fled away.

Learned counsel for the petitioner submits that neither any incriminating article was recovered from the possession of the petitioner nor the petitioner has been put on T.I.P. till date. Petitioner is in custody since 04.11.2020.

Learned APP for the State has opposed the grant of bail to the petitioner and submits that the petitioner is habitual offender and prior to the present case, he has been made accused in two similar cases, as such the allegation against the petitioner in the F.I.R. is of robbery who along with other accused persons has committed robbery of Rs. 52,58,500/- (Rupees fifty two lacs fifty eight thousand and five hundred) from the Branch of Punjab National Bank. After arrest of the present petitioner, Rs.6,00,000/- was recovered from his house and accordingly seizure list was prepared, which is evident from Para-84 of the case diary.

Considering the aforementioned facts and circumstances of the case and criminal antecedent of the petitioner, there is every likelihood that if the petitioner is released on bail, he may tamper with the evidence and influence the witnesses, hence I am not inclined to enlarge the petitioner on bail at this stage.

Patna High Court CR. MISC. No.39516 of 2021(4) dt.04-02-2022 3/3 Accordingly, the present bail application is rejected. The trial court is directed to conclude the trial expeditiously.

If no substantial progress takes place in the trial during the considerable period, the petitioner, if so advised, may renew his prayer for bail.

(Purnendu Singh, J) mantreshwar/- U T