Rajeev Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41925 of 2022 Arising Out of PS. Case No.-129 Year-2021 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Rajeev Sahni Son of Hare Ram Sahni Resident of village - Karor, Khanjahapur, P.S.- Cheriyabariyarpur, District - Begusarai. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Nakul Kumar Jamuar, Advocate.

For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 17-11-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks regular bail in connection with Cheriyabariyarpur P.S. Case no. 129 of 2021 registered for the offence punishable under Section 392 of the Indian Penal Code. As per the prosecution, the informant was looted on a gun-point by three unknown persons, who snatched a cash of Rs 1900/- and his motorcycle and fled away from the place of occurrence.

At the outset, it is submitted by the learned counsel

Patna High Court CR. MISC. No.41925 of 2022(2) dt.17-11-2022 2/3 Mr. Nakul Kumar Jamuar appearing for the petitioner that in Para 3 of the petition the details of Begusarai Muffasil P.S. Case No. has been wrongly mentioned and actual No. is 583 of 2021 hence a permission is required to correct the said details of the P.S. Case No. In view of above mentioned prayer, petitioner's counsel is permitted to make necessary correction in Para 3 regarding the above mentioned P.S. Case No.

The main submissions advanced by learned counsel for the petitioner are that against the petitioner there is criminal antecedent of one case in which he is on bail and the petitioner was not put on test identification parade by the police after he was taken in custody in the instant matter and he has been languishing in jail since 21.02.2022 and against him the investigation has been completed.

Learned APP Mr. Ram Priya Sharan Singh appearing for the State has opposed the prayer for bail. Heard both the sides and perused the FIR and the order impugned. The instant matter relates to loot committed by three persons with the informant and the accused persons looted the motorcycle and Rs.1900/- from the possession of the informant, as per the order of the court below the looted motorcycle of the informant was recovered from the possession

Patna High Court CR. MISC. No.41925 of 2022(2) dt.17-11-2022 3/3 of this petitioner regarding which Mufassil P.S. Case No. 583 of 2021 was lodged and the petitioner was allegedly using the said looted motorcycle in illicit liquor business. Considering these facts, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his prayer for bail stands rejected.

As the petitioner's case is at initial stage, the petitioner is given a liberty to renew his bail prayer after six months, if any significant progress is not made in his case by the court below regarding proceeding of his trial. (Shailendra Singh, J.) annu/- U T