Srikant Kumar @ Mukha @ Srikant Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51775 of 2024 Arising Out of PS. Case No.-235 Year-2022 Thana- BIKRAMGANJ District- Rohtas ====================================================== Srikant Kumar @ Mukha @ Srikant Yadav S/O- Ramdular Singh Resident Of Village- Bhudadih, P.S.- Dawath, District-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar Gupta, Advocate For the State :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 19.05.2023 in Cr. Misc. No. 24298 of 2023.

3. The petitioner seeks bail in connection with Bikaramganj P.S. Case No. 235 of 2022 registered for the offence under Section 395 of the Indian Penal Code.

4. The following order was passed on 19.05.2023 in Cr. Misc. No.24298 of 2023, which reads as under: "Heard the learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Bikramganj P.S. Case No. 235 of 2022 registered for the offence under Section 395 of

Patna High Court CR. MISC. No.51775 of 2024(2) dt.02-08-2024 2/3 the Indian Penal Code.

The prosecution story in short is that the accused persons committed dacoity of Rs.

6.19971/- cash, 3 mobiles and one laptop. Coaccused persons have taken the name of this accused petitioner in the commission of crime and petitioner himself has confessed his guilt. One blue colored samsung mobile without SIM.

Rs. 4270/- were recovered from the possession of co- accused Om Prakash, One black colored pulsar motorcycle which was used in committing dacoity was also recovered from the house of this co-accused Om Prakash and one black colored android mobile, one golden colored samsung mobile, one red colored fingerprint scanner, one black colored H.P laptop were also recovered from the house of this co-accused Om Prakash. Looted materials were recovered from the house of co-accused Om Prakash, on the information given by co-accused namely Ajay Tiger and petitioner. On the information of aforesaid co-accused and this accused petitioner, one passion-pro motorcycle which was used in the commission of this crime, two arms and seven live cartridges were also recovered from the house of co-accused.

Learned counsel for the petitioner submits that the petitioner is in custody since 11.06.2022.

Learned A.P.P. has vehemently opposed the prayer for bail.

The petitioner is a dreaded criminal and he is involved in dacoity and has six criminal antecedents.

Considering the materials available on record and considering the criminal antecedents, I am not inclined to grant bail to the petitioner.

This application is rejected.

The court below is directed to expedite the trial of the petitioner."

5. It has been submitted by learned counsel for the

Patna High Court CR. MISC. No.51775 of 2024(2) dt.02-08-2024 3/3 petitioner that the petitioner is in custody since 11.06.2022 and no witness has been examined though charges have been framed.

6. This Court finds no new ground to review its earlier order dated 19.05.2023.

7. Accordingly, this application stands dismissed again.

8. The Superintendent of Police, Rohtas is directed to produce the witnesses on the date fixed in the trial. This Court will take a serious view if the witnesses are not produced by the Rohtas police regularly.

9. Let a copy of this order be communicated to the Superintendent of Police, Rohtas forthwith through FAX or email for its compliance.

(Sandeep Kumar, J) P. Kumar U T