Patna High CourtCR. MISC./45935/2021bail rejected

Vakil Mian v. The State Of Bihar

2022-02-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45935 of 2021 Arising Out of PS. Case No.-230 Year-2020 Thana- PIPRAHI District- Sheohar ====================================================== VAKIL MIAN Son of Sahid Mian Resident of Village- Vishambharpur, P.S.- Tariyani Chhapra, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Devendra Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 395, 397 of the Indian Penal Code.

As per the prosecution case, 4-5 unknown miscreants committed dacoity in the house of informant and looted his cash and jewelery.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the 164 statement of co-accused, Shivcharan. No incriminating article has been recovered from the possession of the petitioner and till date the petitioner has not been put on Test Identification Parade. Petitioner is in custody since 25.03.2021 and

Patna High Court CR. MISC. No.45935 of 2021(3) dt.24-02-2022 2/2 investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that name of petitioner has transpired in this case in the statement of co-accused, Shivcharan, recorded u/s 164 of the Cr. P. C. and petitioner has got criminal antecedent and out of eight cases seven cases are of similar nature.

Considering the nature of accusation, gravity of the offence and criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T