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Patna High CourtCR. MISC./67644/2018bail rejected

Sonu Kumar Sahani v. The State Of Bihar

2019-01-23Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.67644 of 2018 Arising Out of PS. Case No.-40 Year-2018 Thana- JHANJHARPUR District- Madhubani ====================================================== Sonu Kumar Sahani, Son of Raju Sahani, Resident of Village Bhiga Laheriasarai, P.S. Laheriasarai, Distt. Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Soban Asghar For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 19.03.2018 in a case registered for the offence punishable under Sections 395 and 412 of the Indian Penal Code. The prosecution case is that the informant proceeded in the course of his business and when he reached at Ranjit Petrol Pump, he was robbed of cash amount of Rs.35,000/-, a cheque of Rs.35,000/- and mobile phone by the accused persons including the petitioner and they also took away his motorcycle. It is further alleged that the police which was on the patrolling duty at the relevant time reached at the place of occurrence and chased the accused persons and apprehended one of the accused person, the petitioner from whose

Patna High Court Cr.Misc. No.67644 of 2018(5) dt.23-01-2019 2/2 possession cash amount of Rs.35,000/- and a cheque book of the informant were recovered.

It is submitted by learned counsel for the petitioner that petitioner has falsely been roped in the present case. Considering the nature of accusation and petitioner being caught on the spot, coupled with statement made in paragraph no.3 of the petition that the petitioner is involved in a series of criminal cases, this Court is not inclined to grant bail to the petitioner for the present, in connection with Jhanjharpur P.S. Case No. 40 of 2018 pending in the Court of learned ACJM-Ist, Jhanjharpur, Madhubani.

However, the trial court is expected to expedite the trial. It is made clear that if the trial is not concluded within a period of one year, the petitioner would be at liberty to renew the prayer for bail.

(Dinesh Kumar Singh, J) Deepak/Rahul/- U T