Patna High CourtCR. MISC./15853/2018rejected

Md. Sarfraj @ Sharfraj v. The State Of Bihar

2018-05-11Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15853 of 2018 Arising Out of PS. Case No.-527 Year-2017 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== Md. Sarfraj @ Sharfraj S/o Md. Kayum, R/o Village- Virouli, P.S. Rupauli, Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Kumari For the Opposite Party/s :

Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 11-05-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Begusarai Town PS Case No.527 of 2017, registered under Sections 419, 420 and 414 of the Indian Penal Code as well as under Sections 25(1-b)a/26/35 of the Arms Act. Allegation in brief is that the petitioner was found in possession of a stolen motor car and also three ATM Cards of different persons.

Learned counsel for the petitioner submits that another co-accused Amit Kumar @ Amit Kumar Jaiswal has been admitted to bail by a co-ordinate Bench of this Court vide Cr. Misc. No.12704 of 2018 on 06.04.2018 and the petitioner is in custody since 25.09.2017; whereas the learned counsel for the

Patna High Court Cr.Misc. No.15853 of 2018(3) dt.11-05-2018 2/2 State submits that stolen vehicle was recovered from possession of the petitioner along with three ATM Cards of different persons who in their statements stated that the ATM Cards were fraudulently exchanged by some person whereas the bail was granted to Amit Kumar @ Amit Kumar Jaiswal as only country made pistol was recovered from his possession. Having considered the aforesaid facts and circumstances, the recovery of stolen vehicle from possession of the petitioner along with three ATM Cards of different persons, the prayer of bail of the petitioner is rejected in connection with Begusarai Town PS Case No.527 of 2017, pending in the court of learned CJM, Begusarai with a direction to the trial court to expedite the trial.

(Arun Kumar, J) S.KUMAR/- U T