Lal Babu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53110 of 2015 Arising Out of PS.Case No. -80 Year- 2015 Thana -HATHUA District- GOPALGANJ ====================================================== Lal Babu Prasad, Son of Sugrim Prasad, Resident of Village- Bankat, P.S.- Barauli, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Harendra Prasad, Advocate For the Opposite Party/s : Mr. Ajay Kr. Jha , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Hathua P. S. Case No. 80 of 2015 registered under Section 379 of the Indian Penal Code.

It is contended by learned counsel for the petitioner that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his conscious possession, but he has been falsely implicated in the case due to highhanded of the police.

On the other hand, learned counsel for the State has contended that the stolen motor-cycle was recovered from the

Patna High Court Cr.Misc. No.53110 of 2015 (3) dt.05-02-2016 2/2 possession of the petitioner.

Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the petitioner for the present. Accordingly, the application for bail is rejected. The Court below is directed to conduct the trial on day-to-day basis and conclude the same as early as possible, preferably within six months from today, failing which the petitioner would be at liberty to renew his prayer for bail. (Ashwani Kumar Singh, J.) Kanchan/- U T