Raja Sahni @ Raja Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57220 of 2019 Arising Out of PS. Case No.-226 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJA SAHNI @ RAJA SAHANI Son of Mahesh Sahani Resident of Village - Lohiya Nagar O.P., Ward No. 28, Panhas, P.S.- Nagar (Muffasil), District - Begusarai.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhubneshwar Prasad For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-12-2019 Heard learned counsel for the parties.

This application for grant of bail arises out of Muffasil P.S. Case No. 226 of 2017 for the offence punishable under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, 5-6 miscreants, in attempt to loot a petrol pump, shot dead one of the employees of the petrol pump. The First Information Report was registered against unknown. Petitioner's name surfaced in course of investigation on the basis of confessional statement of other co-accused persons. From the statement made in paragraph 3 of the application, it appears that the petitioner is accused in at least eight cases of grave nature, which are as under : - (i) Rosera P.S. Case No. 128 of 2017 offences

Patna High Court CR. MISC. No.57220 of 2019(3) dt.04-12-2019 2/3 registered under Sections 392 of IPC and Section 287 of the Arms Act in which pending before the Court below. (ii) Musrigharari P.S. Case No. 30 of 2017 offences registered under Sections 393 of IPC in which petitioner is on bail, District Samastipur.

(iii) Muffasil P.S. Case No. 221 of 2017 on 24.05.2017 offence registered under Sections 394 and 302 of IPC which was lodged against unknown person which pending before the Court below District Begusarai.

(iv) Muffasil P.S. Case No. 231 of 2017 offences registered under Sections 414/120(b)/216(a) of IPC and 25(1b)a/26 of the Arms Act which pending before the Court below. (v) Sahebpur Kamal P.S. Case No. 122 of 2017 offences registered under Sections 394 of IPC in which petitioner is on bail.

(vi) Nayagaon P.S. Case No. 56 of 2007 offences registered under Sections 394 of IPC in which petitioner is on bail.

(vii) Nagar P.S. Case No. 109 of 2018 offences registered under Sections 45(i)(xii) of Prisoner Act which is pending before the Court below.

(viii) Kishanganj P.S. Case No. 231 of 2017 offences

Patna High Court CR. MISC. No.57220 of 2019(3) dt.04-12-2019 3/3 under Sections 394 of IPC which is pending before the Court below.

Learned counsel appearing on behalf of the petitioner has submitted that other similarly circumstanced co-accused have been allowed bail by this Court.

However, considering the criminal antecedent of the petitioner, as noted above, I am not inclined to allow the petitioner privilege of bail.

This application is accordingly rejected.

Since the petitioner has remained in custody in connection with the present case for nearly two and half years, it is observed that, if there is no substantial progress in the trial, the petitioner shall be at at liberty to renew his prayer for bail after six months.

(Chakradhari Sharan Singh, J) Pawan/- U T