Amanullah @ Aman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38780 of 2022 Arising Out of PS. Case No.-544 Year-2021 Thana- ARARIA District- Araria ====================================================== Amanullah @ Aman Son of Md. Abid Resident of Village- Doriya Sonapur, Ward No. -12, P.S.- Simraha, District - Araria, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar Sinha, Adv.
For the Opposite Party/s :
Mr. Jagdher Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 01-11-2022 Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Araria (R.S.) P.S. Case No. 544 of 2021 lodged under Sections 394 and 411 of the I.P.C.
As per the prosecution case, the F.I.R. has been lodged against 4 unknown persons. The allegation of robbery is there in the F.I.R.
Learned counsel for the petitioner submits that petitioner has committed no offence. He further submits that petitioner is in custody since 18.08.2021. He submits that he is not named in the F.I.R. but his name has figured in this case
Patna High Court CR. MISC. No.38780 of 2022(2) dt.01-11-2022 2/2 during investigation and robbery of the looted article has not been made from his possession rather possession of the other co-accused. Learned counsel for the petitioner submits that there is criminal antecedent of the petitioner and there is 4 criminal cases pending against the petitioner in which he is on bail in one case and rest 3 cases, he is persuading for bail. Learned counsel for the State opposes the prayer for bail and submits that it is a case of loot in which the robbery has been made from the statement/disclosure of the petitioner. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at present and therefore, the bail petition of the petitioner is hereby rejected but liberty is hereby granted to the petitioner to move for bail after 6 months of framing of charge. With this observation, the bail application stands rejected.
(Dr. Anshuman, J.) prakashmani/- U T