Md. Chhotu @ Shahbaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51133 of 2024 Arising Out of PS. Case No.-305 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Md. Chhotu @ Shahbaj S/o Md. Kamal R/O VILLAGE CHAINPURA PS BIHAR DISTRICT NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr.Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sohsarai P.S. Case No.305 of 2022 lodged under Sections 457 and 380 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is allegation that they have committed theft by entering forcefully at the house of the informant and looted cash as well as jewellery from his house.

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 figured in this case by virtue of confessional statement of accused Navlesh Kumar who has been granted bail by the Co-ordinate Bench of this Court vide order dated 19.04.2024 passed in Cr. Misc. No. 13981/2024.

Patna High Court CR. MISC. No.51133 of 2024(2) dt.24-07-2024 2/2

5. Counsel for the petitioner submits that petitioner is in custody since 07.12.2023 having seven criminal antecedent in which he is on bail in some cases and in some cases, he is persuading for bail.

6. Learned counsel for the State opposes the prayer for bail and submits that not only the petitioner's name has come by confessional statement of the co-accused but also, the looted jewellery has also been recovered and in the T.I.P. of the jewellery, the said articles were identified by the informant.

7. Counsel further submits that in the rejection order, it has come that the petitioner along with other co-accused have committed series of crime of several nature in the locality.

8. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

9. However, trial court is directed to expedite the trial. (Dr. Anshuman, J.) Prakashmani/- U T