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Patna High CourtCR. MISC./21754/2016rejected

Loha Nut v. The State Of Bihar

2016-05-20Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21754 of 2016 Arising Out of PS.Case No. -109 Year- 2015 Thana -JANTA BAZAR District- SARAN ====================================================== Loha Nut son of Ganesh Nut, resident of village - Pachuwa, P.S.- Ekma, District - Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh, Advocate For the Opposite Party/s : Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Chapra Janata Bazar P.S. Case No.109 of 2015 registered under Sections 457, 380 and 411 of the Indian Penal Code.

It is contended by the learned counsel for the petitioner that apart from the confessional statement of the petitioner leading to recovery of stolen sewing machine from the house of a coaccused, there is no other material to connect the petitioner with the alleged offence.

Learned counsel for the State has opposed the application for grant of bail to the petitioner. He has submitted that apart from the present case, there are two other cases of serious

Patna High Court Cr.Misc. No.21754 of 2016 (2) dt.20-05-2016 2/2 nature against the petitioner. He has further submitted that on the basis of confessional statement of the petitioner, the stolen sewing machine from the house of a co-accused was also recovered. Regard being had to the totality of the materials on record, I am not inclined to grant bail to the petitioner for the present. Accordingly, it is rejected.

The learned 1st Additional Chief Judicial Magistrate, Saran, Chapra, before whom the case is pending, is directed to hold the trial on day-to-day basis and conclude the same as early as possible preferably within six months from the date of receipt/production of a copy of this order, failing which the petitioner would be at liberty to renew his prayer for bail. (Ashwani Kumar Singh, J) Md.S./- U T