Md. Hiru @ Hirwa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34320 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -ISHAKCHAK District- BHAGALPUR ====================================================== Md. Hiru @ Hirwa, Son of Late Md. Shabuddin, Resident of MohallaPolice Line, Pani Tanki, Joparpatti, P.S.- Ishakchak, District- Bhagalpur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 25-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the state.
The petitioner seeks bail in connection with Ishakchak P.S. Case No. 55 of 2018 registered for the offences punishable under Sections 394/34 of the Indian Penal Code & Section 27 of the Arms Act.
The allegation is regarding the accused persons having committed dacoity in the house of the informant and looted various articles.
The learned counsel for the petitioner submits that neither T.I. Parade has been held nor any recovery has been made from the petitioner and the petitioner is languishing in custody since 13.3.2018.
I have heard the learned counsel for the petitioner and
Patna High Court Cr.Misc. No.34320 of 2018 (3) dt.25-07-2018 2/2 perused the materials on record as also the case dairy. I find that the name of the petitioner has transpired in the present case on account of the statement made by the main accused person namely Nitesh Kumar who has stated that the petitioner is his accomplice. I also find that as many as 15 cases are pending against the petitioner herein and he appears to be a veteran criminal, hence, in such view of the matter it is not desirable to release the petitioner on bail in the interest of society at large. Reference in this regard be had to a judgment of the Hon'ble Apex Court reported in (2012) 9 SCC 446 (Ash Mohammad vs. Shiv Raj Singh). Having regard to the facts and circumstances of the case, I do not find any merit in the present petition. Hence, the same is dismissed.
(Mohit Kumar Shah, J) S.Sb/- U T