Patna High CourtCR. MISC./32094/2018dismissed

Md. Kasim v. The State Of Bihar

2018-07-23Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32094 of 2018 Arising Out of PS.Case No. -293 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Md. Kasim Son of late Md. Salim Resident of Village- Pariharpur, Police Station - Rajnagar, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-07-2018 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Rajnagar P.S. Case No. 293 of 2017 registered for the offences punishable under Section 394 of the Indian Penal Code.

The allegation in the present case is regarding the petitioner having committed robbery and snatched the motorcycle and other articles from the informant.

The learned counsel for the petitioner submits that the petitioner is innocent and is a non-FIR named accused person. Per contra, the learned A.P.P. for the State referring to paragraph no. 3 of the petition has submitted that as many as 21 cases are pending against the petitioner and he is a veteran criminal, hence releasing the petitioner on regular bail would be

Patna High Court Cr.Misc. No.32094 of 2018 (3) dt.23-07-2018 2/2 dangerous to the society at large.

At this juncture, the learned counsel for the petitioner submits that out of aforesaid 21 cases, the petitioner has been acquitted in 13 cases.

I have perused the records and find that such a veteran criminal does not deserve the privilege of bail as has been held by the Hon'ble Apex Court in a judgment reported in (2012) 9 SCC 446 (Ash Mohammad vs. Shiv Raj Singh).

In view of the aforesaid, there is no merit in the present petition. Hence, the same is dismissed.

(Mohit Kumar Shah, J) S.Sb/- U T