Raju Sah @ Satyam Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66113 of 2021 Arising Out of PS. Case No.-57 Year-2021 Thana- RAHIKA District- Madhubani ====================================================== RAJU SAH @ SATYAM PRAKASH Son of Jagannath Sah Resident of village - Behta, P.S.- Khajauli, Dist.- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-05-2022 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks.

The petitioner is an accused in connection with Rahika P.S. Case No. 57 of 2021 (C.R.I. No. 704 of 2021) registered for the offence under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on 13.04.2021, Vikash Kumar Paswan, the driver along with Raj Kumar Mahto, the Delivery Boy were going to Ladaniya by Magic Van. It is further alleged that four unknown persons on two motorcycles snatched the bag containing the cash worth Rs. 5,98,200/-. The allegation in the First Information is also that these accused persons were chasing him from Loha Chowk and have also resorted to firing and the empty cartridges were recovered by

Patna High Court CR. MISC. No.66113 of 2021(2) dt.10-05-2022 2/2 the police from the place of occurrence. Subsequently, the police took up investigation and the name of the petitioner also cropped up in the case as one of the accused persons. In the bail application at paragraph- 3, it has been stated that the petitioner is an accused only in one case i.e. Rahika P.S. Case No. 58 of 2021 lodged under Sections 399 and 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act. However, a bare perusal of the learned Sessions's Judge order shows that there are six criminal cases in different police stations that have been registered against him with regard to theft, dacoity and Excise Act etc.

It is clear that the person, who has put this affidavit on oath on behalf of the petitioner has lied before this Court that the petitioner has only one criminal case.

Considering the allegation of opening fire and looting of Rs. 5,98,200/- as a road robbery as also the fact that he has number of criminal cases under his belt of the same nature, this Court is not inclined to grant any relief to him. The bail application of petitioner is hereby rejected. (Rajiv Roy, J) Jagdish/- U T