Daulat Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50642 of 2014 Arising Out of PS.Case No. -62 Year- 2014 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Daulat Paswan S/o- Kailash Paswan, R/o Village- Kanhaiya Tola, P.S.- Mahesh Khunt, District- Khagaria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-03-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 18.06.2014 in a case registered for the offence punishable under Sections 392, 395 and 412 of the Indian Penal Code.

As per the prosecution case, the petitioner and other coaccused persons demanded money on the point of pistol from the informant and took out a sum of Rs. 2500/- alongwith A.T.M. card. From the petitioner's possession a sum of Rs. 2500 was recovered.

Learned counsel for the petitioner submits that the money recovered from the petitioner in fact belonged to him and on similar ground, the other co-accused persons Nitesh Kumar @

Patna High Court Cr.Misc. No.50642 of 2014 (4) dt.03-03-2015 P2/3 Nikesh Kumar has been granted regular bail by this Court vide an order dated 04.02.2015 passed in Cr. Misc. No. 43411 of 2014. He further submits that the petitioner should be granted bail as the other co-accused persons have been granted in similar circumstances and the petitioner is on bail in all other five cases mentioned in paragraph No. 3 of the application. I am not inclined to grant the petitioner privilege of bail in view of the fact that the petitioner is accused in following five cases as would be evident from the statement made in paragraph No. 3 of the bail application:- i.

"Mahesh Khunt P.S. Case No. 109/09 U/S 379 of the I.P.C. G.R. No. 1180/09 and in that case he is on bail. ii.

Mahesh Khunt P.S. Case No. 89/10 U/S 461, 379 of the I.P.C. G.R. No. 951/10 and in that case he is on bail.

iii.

Mahesh Khunt P.S. Case No. 27/11 U/S 461, 379 of the I.P.C. G.R. No. 365/11 and in that case he is on bail.

iv.

Mahesh Khunt P.S. Case No. 98/10 and in that case he is on bail.

v.

Mahesh Khunt P.S. Case No. 123/12 U/S 394 of the I.P.C. and in that case he is on bail."

Patna High Court Cr.Misc. No.50642 of 2014 (4) dt.03-03-2015 P3/3 This application is rejected.

The Court below is directed to expedite the trial. The petitioner shall not renew the prayer for bail till completion of trial in this Case.

(Chakradhari Sharan Singh, J.) Saif/- U T