Patna High CourtCR. MISC./15094/2016rejected

Dhananjay Kumar Gupta v. The State Of Bihar

2016-05-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15094 of 2016 Arising Out of PS.Case No. -105 Year- 2015 Thana -GURARU District- GAYA ====================================================== Dhananjay Kumar Gupta son of Laxmi Prasad resident of VillageJehanabad Court, Police Station- Jehanabad, District- Jehanabad. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Kumar Virendra Narayan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-05-2016 Heard the learned counsel for the petitioner and the learned A.P.P representing the State.

The petitioner seeks bail in connection with Guraru P.S. Case No. 105 of 2015 registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, Bolero pickup van of the informant was stolen away when the same was parked in front of the house of the informant in the night of 18.12.2015. The petitioner was apprehended with the same stolen Bolero pickup van and he confessed his guilt also.

Submission is of false implication and that the alleged seizure is not in accordance with law, statement has been recorded forcibly, without any legal and tangible material, the

Patna High Court Cr.Misc. No.15094 of 2016 (3) dt.19-05-2016 2/2 petitioner is suffering in custody since 21.12.2015 and, as such, he deserves sympathetic consideration.

The learned A.P.P. seriously opposes the prayer of bail.

In the facts and circumstances stated above, considering the alleged recovery of pick up van, wherein the petitioner was also apprehended, at present, I am not inclined to enlarge the petitioner on bail and accordingly his prayer stands rejected in connection with Guraru P.S. Case No. 105 of 2015 pending in the Court of learned Judicial Magistrate, 1st Class, Gaya.

However, the learned trial court is directed to expedite the trial and to conclude the same preferably within six months from the date of receipt or production of a copy of this order failing which the petitioner, if at no fault, may renew his prayer for bail.

(Jitendra Mohan Sharma, J) Mishra/- U T