Madan Sonar @ Madan Kumar Soni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25745 of 2018 Arising Out of PS.Case No. -288 Year- 2016 Thana -DUMRAUN District- BUXAR ====================================================== Madan Sonar @ Madan Kumar Soni, S/o Late Saryu Prasad Sonar, Resident of Village- Badka Diya, P.S. Krishna Brahm, District- Buxar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 06-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dumaraon PS case no. 288 of 2016 instituted for the offences punishable under Sections 394, 395, 397, 412, 120(B) of Indian Penal Code.

The allegation as per the prosecution is that on 04.11.2016, the informant and his younger brother were going to catch a train for Dumraon station on their white colour scooty and in between, the accused persons including the petitioner herein , stopped the bike and snatched their bag as well as assaulted them resulting in infliction of serious injuries. It is further alleged that a bag containing a sum of Rs. 10 lacs was snatched from the

Patna High Court Cr.Misc. No.25745 of 2018 (4) dt.06-07-2018 2/2 informant.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case and he is languishing in custody since 02.12.2016. I have heard the learned counsel for the parties and I find that as many as 09 cases are pending against the petitioner herein and he appears to be a habitual offender, which alone is enough to reject the prayer for bail of the petitioner herein. Even the case diary would bear it out that there are sufficient materials to proceed against the petitioner. Reference in this regard be had to a judgment of Hon'ble Apex Court in Ash Mohammad v. Shiv Raj Singh @ Lalla Babu & Anr. reported in (2012) 9 SCC 446.

Having regard to the facts and circumstances of the case, I find that there is no merit in the present petition and accordingly, the same is dismissed.

(Mohit Kumar Shah, J) rinkee/- U T