Md Ashraf @ Md Asraf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10270 of 2021 Arising Out of PS. Case No.-129 Year-2019 Thana- JALALGARH District- Purnia ====================================================== Md Ashraf @ Md Asraf Son Of Mohammad Tahir Resident Of VillageSisona, P.S.- Araria, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Ms. Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 22-09-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in a case registered for the offence punishable under Sections 394 of I.P.C. and charge sheet has been submitted under Sections 394, 411 of the I.P.C. and Section 27 of the Arms Act. Petitioner had earlier moved this Court for regular bail vide Cr. Misc. No. 12244 of 2020 which was dismissed on 04.06.2020.

Allegation against petitioner is of keeping stolen motorcycle and also made firing and inflicting knife blow in the stomach of informant and they also snatched away the bag of

Patna High Court CR. MISC. No.10270 of 2021(3) dt.22-09-2021 2/3 informant containing A.T.M. Card, Pan Card, Aadhar Card, two mobiles and cash of Rs. 2,200/-. Some of looted articles has been recovered from possession of petitioner. It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case only on the basis of suspicion. Similarly placed co-accused, namely, Md. Sultan has already been granted bail by a co-ordinate Bench of this Court vide order dated 13.09.2021 passed in Cr. Misc. No. 15784 of 2021. Petitioner is in custody since 05.10.2019. As petitioner is having several antecedents for offence of different nature as disclosed in para 3 of this application and looted articles has been recovered from his possession, I am not inclined to grant bail to the petitioner.

Accordingly the prayer for bail is rejected at this stage. Vide order dated 14.07.2021, a report was called from court below with regard to stage of the trial. The report of the court below has come which is kept at Flag 'B', in which, it has been stated that the case is pending for evidence.

Patna High Court CR. MISC. No.10270 of 2021(3) dt.22-09-2021 3/3 would be at liberty to renew his prayer for bail. (S. Kumar, J) Rajiv/veenaU T