Patna High CourtCR. MISC./44301/2022rejected

Ajay Tanti v. The State Of Bihar

2023-04-24Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44301 of 2022 Arising Out of PS. Case No.-130 Year-2010 Thana- CIVIL LINE District- Gaya ====================================================== AJAY TANTI SON OF SRICHAND TANTI R/O VILLAGE- KHARKHURA BHALUAHI, P.S.- DELHA, DISTRICT- GAYA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Prithivi Raj Singh, Adv.

For the Opposite Party/s :

Mr. Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail, who is in custody since05.04.2022, in connection with Civil Lines P.S. Case No. 130/2010, F.I.R. dated 26.04.2010, for the offence punishable under Section 392 of the Indian Penal Code.

According to prosecution case, on the confession of the petitioner, the stolen amount of Rs. 70.000/- has been recovered from the possession of the petitioner. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. The name of the petitioner has been transpired during investigation. Learned Additional Public Prosecutor for the State on

Patna High Court CR. MISC. No.44301 of 2022(5) dt.24-04-2023 2/2 the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner carries one criminal antecedent other than the present one.

The bail bond of the petitioner was twice rejected vide order dated 07.05.2012 and 09.01.2016 respectively. Vide order dated 13.03.2023, a report was called for from the Trial Court with regard to the stage of the trial. Report dated 17.04.2023 of the Trial Court reveals that out of 8 prosecution witnesses four witnesses have already been examined.

In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Civil Lines P.S. Case No. 130 of 2010, pending in the court of Miss. Shaila Sukla, J.M.1st Class, Gaya.

Prayer is refused.

However, the learned Trial Court is directed to expedite the trial and conclude the same at the earliest. (Rajesh Kumar Verma, J) amit/- U T