Patna High CourtCR. MISC./43684/2024bail rejected

Uday Mallah @ Sagar Kumar @ Sagar Chaudhary v. The State Of Bihar

2024-08-28Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43684 of 2024 Arising Out of PS. Case No.-514 Year-2023 Thana- RAMPUR District- Gaya ====================================================== Uday Mallah @ Sagar Kumar @ Sagar Chaudhary Son of Sarju Chaudhary R/O Vill.- Katari Hill, P.S.- Chandauti, Dist.- Gaya, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Rampur P.S. Case No. 514 of 2023, lodged on 13.08.2023, under Sections 457 and 380 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against unknown persons against whom there is an allegation of house trespass and the theft of various articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner's name has come in this case only because he has ten criminal cases pending against him. He further submits that only petty issues has been alleged in the FIR.

5. Learned counsel for the State opposes the prayer

Patna High Court CR. MISC. No.43684 of 2024(3) dt.28-08-2024 2/2 for bail and submits that antecedent of the petitioner is not clean and he is in custody since 08.02.2024, therefore, at the time of considering the bail application of the petitioner this aspect must be taken into consideration.

6. From the case diary, it transpires that some of the materials subject to theft has been recovered from the conscious possession of the petitioner.

7. In the present facts and circumstances, this Court is not inclined to grant regular bail to the petitioner.

8. Accordingly, the prayer for regular bail of the petitioner is hereby rejected.

9. It is directed to trial Court to expedite the trial as early as possible.

(Dr. Anshuman, J.) Aman Kumar/- U T