Rakesh Kumar @ Rakesh Mahto @ Dabal Zero v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57399 of 2023 Arising Out of PS. Case No.-159 Year-2021 Thana- JANDAHA District- Vaishali ====================================================== RAKESH KUMAR @ RAKESH MAHTO @ DABAL ZERO S/O SITA RAM MAHTO RESIDENT OF VILLAGE- SHAHPUR PATORI, HASANPUR SURAT, P.S.- PATORI, DISTT.- SAMASTIPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi, Adv.

For the Opposite Party/s :

Mr. Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-12-2023

1. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

2. The present petition is by way of second attempt at the behest of the petitioner for grant of regular bail in connection with Jandaha P.S. Case No.159 of 2021, for the offence punishable under Sections 392 and 411 of the Indian Penal Code, inasmuch as the earlier prayer of the petitioner for grant of regular bail was rejected by this Court vide order dated 02.02.2023, passed in Criminal Miscellaneous No. 51974 of 2022.

3. The allegation is regarding unknown miscreants having waylaid the informant on the alleged date and time of occurrence, whereupon they had snatched the motorcycle, mobile phone and a cash amount of Rs. 1,500/- as also some

Patna High Court CR. MISC. No.57399 of 2023(2) dt.08-12-2023 2/2 other articles from the informant.

4. The learned counsel for the petitioner has submitted that the petitioner is languishing in custody since 14.09.2021, hence a sympathetic view be taken and the petitioner be granted the privilege of regular bail.

5. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail and has submitted that the petitioner is an accused in 13 other criminal cases, hence he is not entitled to the privilege of regular bail.

6. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record, this Court finds that there is no change in circumstances so as to warrant re-consideration of the prayer of the petitioner for grant of regular bail, apart from the fact that the petitioner appears to be a veteran criminal, inasmuch as he is stated to be accused in 13 other criminal cases, hence, I do not find any merit in the present petition, thus the same stands dismissed.

(Mohit Kumar Shah, J) sonal/- U T