Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54251 of 2024 Arising Out of PS. Case No.-36 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Satyam Kumar SON OF UMAKANT SHARMA VILLAGE- KAHUA, PSSANGRAMPUR, DIST- MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No.36 of 2023 lodged under Section 392 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against four named accused persons against whom there is allegation that they have looted Rs.12,50,000/- from the informant when he was going to deposit money in the Bank.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that bail of the other co-accused have been considered by this Court and granted by virtue of orders dated 05.06.2023 in Cr. Misc. No.19411 of 2023, dated 21.07.2023 in Cr. Misc.

Patna High Court CR. MISC. No.54251 of 2024(2) dt.31-07-2024 2/3 No.28191 of 2023 and dated 24.07.2024 in Cr. Misc. No.50168 of 2024.

5. Counsel for the petitioner submits that petitioner is in custody since 09.04.2024 having three criminal antecedent pending against him.

6. Learned counsel for the State opposes the prayer for bail and submits that the bail application of the petitioner has been rejected by the trial court on the ground that the petitioner and other co-accused have involved in committing loot of Rs.12,50,000/- from informant. He submits that the petitioner has three criminal antecedent.

7. Upon perusal of the record, it transpires to this Court that the bail of the co-accused in Cr. Misc. No.19411 of 2023 has been granted considering the antecedent of the petitioner which was clean which is not a case of the present petitioner. The bail application of co-accused in Cr. Misc. No.28191 of 2023 has been granted because antecedent has not been mentioned and bail application of co-accused in Cr. Misc. No.50168 of 2024 has been rejected with liberty to renew his prayer for bail six months after framing of charge.

8. Here in the prsent case, the petitioner's antecedent is not clean. As such, in the present facts and circumstances of

Patna High Court CR. MISC. No.54251 of 2024(2) dt.31-07-2024 3/3 this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected, but liberty is hereby granted to the petitioner that he may renew his prayer for bail 6 (six) months after framing of charge.

(Dr. Anshuman, J.) Prakashmani/- U T