Ranjeet Dhadhi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56390 of 2021 Arising Out of PS. Case No.-232 Year-2020 Thana- WAJIRGANJ District- Gaya ====================================================== Ranjeet Dhadhi Son Of Late Ramashish Dhadhi Resident Of Village- Manpur, P.S.- Sare, District- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :
Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-10-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. Earlier bail application of the petitioner was rejected vide order dated 26.05.2021 passed in Cr. Misc. No. 4607 of 2021 on the ground that petitioner has been identified in T.I. parade. The petitioner seeks bail in connection with Wazirganj P.S. Case No. 232 of 2020 registered for the offence punishable under Sections 394 and 411 of the Indian Penal Code. Allegation against the petitioner is that petitioner along with three accused persons on the point of gun looted the informant while he was going to Nawada by his truck bearing registration No.
Patna High Court CR. MISC. No.56390 of 2021(2) dt.06-10-2021 2/3 UP42BT 4446. It is alleged that four persons assaulted the informant and helper (khalasi) by butt of pistol and took away key of the truck and cash of Rs. 2200/-. The accused persons also tied the informant and his helper and fled away.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. No incriminating article has been recovered from his conscious physical possession. He submits that other co-accused namely Vikash Kumar and Dhaman Kumar who have been identified by the informant in T.I.P. have been released on bail on 02.03.2021 vide Cr. Misc. No. 256 of 2021. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 22.05.2020.
Learned APP for the State opposing the bail petition submits that on perusal of the case diary, it appears that there is sufficient materials against the petitioner and the informant identifies the petitioner in T.I. parade.
In the facts and circumstances of the case, I am not inclined to grant privilege of bail to the petitioner in connection with Wazirganj P.S. Case No. 232 of 2020 to the satisfaction of learned In-Charge Additional Judicial Magistrate 1st, Gaya.
Accordinlgy, prayer for bail of the petitioner is hereby
Patna High Court CR. MISC. No.56390 of 2021(2) dt.06-10-2021 3/3 rejected.
However, petitioner may renew his prayer for bail after framing of charge.
(Anjani Kumar Sharan, J) GAURAV S./- U T