Patna High CourtCR. MISC./52079/2015dismissed

Jagarnath Sah v. The State Of Bihar

2015-12-01Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52079 of 2015 Arising Out of PS.Case No. -677 Year- 2013 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== JAGARNATH SAH son of Late Raja Sah, resident of village- Pipra, P.S.- Darpa, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Vinod Shankar Modi (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 01-12-2015 Heard learned counsel for the petitioner and Sri Vinod Shankar Modi, learned Addl. Public Prosecutor. The petitioner, who is in custody since 24.04.2015 in Turkaulia ( Banjaria) P.S. Case no.677 of 2013, Trial No.9764 of 2014 registered for the offence under Section 387 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner submits that F.I.R. was lodged against unknown and the petitioner has been made accused only on suspicion. Though in the F.I.R., mobile number, from which ransom was demanded, was mentioned, the said mobile does not belong to the petitioner. He further submits that the petitioner has been falsely implicated in this case and he is on bail in other cases.

Patna High Court Cr.Misc. No.52079 of 2015 (2) dt.01-12-2015 2/2 Learned Addl. Public Prosecutor has opposed the prayer for bail of the petitioner. He submits that the petitioner appears to be a habitual offender.

Besides hearing learned counsel for the parties, I have also perused the materials available on record, particularly para-3 of the petition, which suggests that the petitioner is accused in almost ten such serious cases In view of the facts and circumstances, I am not inclined to grant bail to the petitioner. The petition stands dismissed. However, it is made clear that since the petitioner is in custody, the court below may take steps for early conclusion of the trial.

(Rakesh Kumar, J) NKS/- U