Sanjay Sah @ Bhondua @ Bailwa @ Sanjay Saw v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55071 of 2023 Arising Out of PS. Case No.-107 Year-2023 Thana- PATNA RAIL P.S. District- Patna ====================================================== SANJAY SAH @ BHONDUA @ BAILWA @ SANJAY SAW son of Late Sri Nath Sah Village- Kurmi Tola Maharajganj Ps- Alamganj Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar, Adv.
For the Opposite Party/s :
Mr. Lalan Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with G.R.P. Patna (Gulzarbagh) P.S. Case No. 107 of 2023, S. T. No. 715 of 2023 registered for the offences punishable under Sections 395 of the Indian Penal Code, later on charge-sheet has been submitted under Section 395/412/34 of the I.P.C.
3. As per prosecution case, 7-8 unknown miscreants snatched Rs. 650/- from Ranjeet Kumar, gold chain of 13 gram, one vivo mobile and Rs. 600/- from Abhishek Kumar and Rs. 3,000/- from Guard Anand Mohan.
4. Learned counsel for the petitioner submits that petitioner has been remanded in this case from Patna Rail
Patna High Court CR. MISC. No.55071 of 2023(4) dt.12-02-2024 2/3 (Gulzarbag) P.S. Case No. 124 of 2023 on 03.04.2023 as mentioned in the impugned order. Petitioner bears criminal antecedent of ten cases. Learned counsel further submits that petitioner is not named in the F.I.R. and his name has been surfaced on his self confessional statement. Petitioner is quite innocent and has committed no offence as alleged in the F.I.R. No T.I.P. has been made in the present case.
5. The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. He submits that it has been mentioned at para 40 of the case diary that on the basis of disclosure of the petitioner, recovery of looted article has been made from the bushes. He further submits that in T.I.P. the informant has identified the looted article, as mentioned in impugned order. He further submits that petitioner bears criminal antecedent of ten cases which are more or less of similar nature.
6. Considering the facts and circumstances of the case, nature of accusation levelled against the petitioner as well as materials available on record, I am not inclined to grant bail to the present petitioner. Accordingly, prayer for bail of the present petitioner stands rejected.
7. Learned trial court is directed to conclude the trial
Patna High Court CR. MISC. No.55071 of 2023(4) dt.12-02-2024 3/3 as early as possible.
(Alok Kumar Pandey, J) amitkr/- U T