Rajan Kumar Jha @ Chhotu @Chotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58736 of 2023 Arising Out of PS. Case No.-68 Year-2022 Thana- GHANSHYAMPUR District- Darbhanga ====================================================== Rajan Kumar Jha @ Chhotu @ Chotu Son Of Ashok Jha Village- Rasiyari, P.S.- Ghanshyampur, District -Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bhaskar Shankar, Advocate For the Opposite Party/s :
Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Ghanshyampur P.S. Case No.68 of 2022, lodged on 26.03.2022, under Section 395 of the Indian Penal Code.
3. As per the prosecution, the FIR has been lodged against six unknown accused persons against whom there is allegation of committing dacoity at the shop of the informant and rupees thirteen lacs looted. The CCTV camera and monitor have been broken.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that nothing incriminating has been recovered from the possession of the petitioner. He was put on Test Identification
Patna High Court CR. MISC. No.58736 of 2023(3) dt.08-11-2023 2/2 Parade and only one person has identified him. Counsel further submits that petitioner is in custody since 28.04.2022. There are seven criminal cases pending against the petitioner. Charge has also been framed.
5. Learned counsel for the State and learned counsel for the informant vehemently oppose the prayer for bail and submit that the petitioner was identified in TIP and at his instance, the recovery of rupees 1,99,000/- was made. Counsel also submits that the antecedent of the petitioner is not clean. There are seven criminal cases pending against him. He also submits that the bail application of two co-accused of this case has been rejected vide orders dated 01.02.2023 passed in Cr. Misc. No.38466 of 2022 and Cr. Misc. No.43070 of 2022.
6. The said rejection has been made with a liberty to renew his prayer for bail after one year from the date of rejection. As such the bail application of the petitioner is rejected with the same liberty that he may renew his prayer for bail after one year from today. The trial Court is directed to conclude the trial as expeditiously as possible. (Dr. Anshuman, J) Mkr./- U T