Patna High CourtCR. MISC./49999/2024rejected

Md. Armaan v. The State Of Bihar

2024-09-25Mr. Justice Khatim Reza3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49999 of 2024 Arising Out of PS. Case No.-236 Year-2024 Thana- SITAMARHI District- Sitamarhi ====================================================== Md. Armaan S/o- Late Vaso @ Vaso Ansari @ Mohd. Vasi Ansari VillageMehsaul Got, W.No-25, Ps Dist-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 236 of 2024 dated 05.04.2024, instituted for the offence punishable under Sections 392 of the Indian Penal Code in which chargesheet has been submitted under Sections 395, 414 IPC and 27 Arms Act.

3. The prosecution case, in short, is that, on 05.04.2024 at about 12:35 hours, informant reached Sitamarhi to Bus stand, Sitamarhi from Patna by Bus at 12:35 hrs and proceeded for his house situated at Laxminagar, Ward no. 38, Sitamarhi on foot and in the way near the Bazaar Samiti Gate suddenly, five miscreants groups of 20-25 years old surrounded him and showing pistol, knife and Blade abused, assaulted and

Patna High Court CR. MISC. No.49999 of 2024(4) dt.25-09-2024 2/3 threatened to kill him and forcibly snatched his articles and cash Rs. 8000/- from his pocket, mobile of Redmi Company, gold ring, Aadhaar Card and PAN Card. The informant has claimed to identify the miscreants upon seeing their face.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner has been made accused in this case only on the basis of confessional statement of co-accused Md. Shan @ Ehshan. Petitioner is the cousin of said Md. Shan @ Ehshan. It is further submitted that articles like gold ring, Aadhaar Card, PAN Card has been recovered from the possession said Md. Shan @ Ehshan. It is further stated that only one Redmi Company mobile has been recovered from the possession of the petitioner, which is given to him by the co-accused Md. Shan. Lastly, it has been submitted that the petitioner is in custody since 06.04.2024 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner and submitted that looted mobile has been recovered from the possession of the petitioner.

6. Since looted mobile has been recovered from the possession of the petitioner, I am not inclined to grant bail to the

Patna High Court CR. MISC. No.49999 of 2024(4) dt.25-09-2024 3/3 petitioner.

7. Accordingly, the bail application of the petitioner is hereby rejected.

8. However, the trial Court is directed to take all endeavour to conclude the trial positively within a period of nine months from the date of receipt/production of a copy of this order.

(Khatim Reza, J) Sankalp/- U T