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Patna High CourtCR. MISC./6661/2016rejected

Vishal Kumar Paswan v. The State Of Bihar

2016-04-20Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.6661 of 2016 (4) dt.20-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6661 of 2016 Arising Out of PS.Case No. -334 Year- 2015 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ======================================================

1. Vishal Kumar Paswan Son of Bhushan Paswan, Resident of VillageSubhash Chowk, P.S. - Hajipur Town, District - Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Smt. Anuradha Singh, Advocate For the Opposite Party/s : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 20-04-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 334 of 2015 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegedly, Suresh Kumar, the informant and staff Prithavi Kumar were going to deposit an amount of Rs.4,82,000/- in Allahabad Bank, Chauhatta Branch but two motorcycle borne miscreants after dashing the motorcycle of the informant, snatched the bag and out of those amounts, amount of Rs. 58,900/- fell down from the bag and rest amount were taken away, during investigation the petitioner confessed his guilt in another case and from his rented room cash of Rs. two lac out of which one bundle of note of 500 denomination was having sticker of State Bank of India and seal of M/s Reeshav Autobilies Pvt. Ltd. was there and further on another bundle it was mentioned Tathagat Indane

Patna High Court Cr.Misc. No.6661 of 2016 (4) dt.20-04-2016 Enterprises, Minapur near Bazar Samittee and further on the bundle of Rs. 1,00,000/- also seal of Mahindra and Mahindra Financial Services Ltd. were found which were looted property. Submission is of false implication and that the petitioner has not been put on TIP though he is in custody since 01.08.2015, the notes recovered were also not been put on TIP and, as such, he deserves sympathetic consideration. In another case i.e. Hajipur Industrial P.S. Case No. 33 of 2015 the petitioner has been allowed bail.

The learned A.P.P. opposes the prayer of bail by pointing out the alleged recovery of notes having seal and further the petitioner has got criminal history.

In the facts and circumstances stated above, considering the alleged recovery, at present I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Hajipur Town P.S. Case No. 334 of 2015 pending in the court of learned CJM, Vaishali at Hajipur.

However, the trial court is directed to expedite the trial and conclude the same within four months taking the same on priority basis.

(Jitendra Mohan Sharma, J) sushma/- U T.