Ashish Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36295 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- SIMRI District- Buxar ====================================================== Ashish Kumar Rai Son Of Vinod Rai Resident Of Village- Dudhipatti Simri, P.S- Simri, District- Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ravi Shankar Pathak, Adv.

For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Simri (Dera O.P.) P.S. Case No. 31 of 2023 registered on 26.01.2023 lodged under Sections 392 of the I.P.C.

4. As per the prosecution case, F.I.R. has been lodged against unknown accused persons, who were alleged to involve in snatching a Samsung Mobile phone and a motorcycle, whose details are given in the F.I.R.

5. Counsel for the petitioner submits that name of the petitioner has been figured in this case by the virtue of confessional statement of the co-accused and on his confessional statement the recovery of motorcycle, subject to theft, was recovered from the possession of the petitioner.

6. Counsel submits that petitioner is innocent and has committed no offence. Counsel further submits that in this case

Patna High Court CR. MISC. No.36295 of 2023(2) dt.24-06-2023 2/2 petitioner has been remanded, as he was alleged in another case and subsequently Police has lodged his name in three more cases. He submits that nothing has been recovered from the possession of the petitioner. He further submits that petitioner is in custody since 06.03.2023 having three criminal cases pending against him, in which he is on bail. Counsel submits that the name of the petitioner has been figured in T.I.P. this case.

7. Learned counsel for the State opposes the prayer for bail.

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

9. With this observation, the bail application stands rejected.

10. Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge.

11. 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.

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