Aman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65614 of 2024 Arising Out of PS. Case No.-1380 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Aman Kumar son of Chhotelal Ram Village -Bihat PS- Barauni District -Begusarai Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-09-2024 Heard the learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt of the petitioner for grant of regular bail in connection with Phulwarisharif P.S. Case No. 1380 of 2022 as earlier the bail application of the petitioner was rejected vide order dated 13.12.2023 passed in Cr. Misc. No. 67047 of 2023 which reads as under:- Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Phulwarisharif P.S. Case No. 1380 of 2022 dated 09.11.2022, lodged under Section 395 of the I.P.C.

3. As per the prosecution case, a loot was committed in a jewellery shop on 09.11.2022 at 04.30 P.M. in the town of Patna by unknown criminals. During investigation, materials have come to connect the petitioner with the loot

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that one Bikash Kumar was caught and at his instance, some of the looted articles were recovered. He further submits that one Deepak Kumar was also caught and from him, majority of jewellery looted from the jewellery shop

Patna High Court CR. MISC. No.65614 of 2024(2) dt.11-09-2024 2/2 was recovered.

5. Learned counsel for the petitioner further submits that the accused persons have named the petitioner as a member of their gang, who were involved in the said crime. He further submits that the petitioner is in custody since 24.02.2023. He further submits that the petitioner is accused in seven more cases, out of which, most of the cases are of committing loot and dacoity in the town of Patna.

6. Learned A.P.P. for the State opposes the prayer for bail and submits that the petitioner have seven criminal antecedents of similar nature.

7. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner, even if one of the co-accused has been granted bail by a Co-ordinate Bench of this Court and therefore, the present bail application is hereby rejected.

8. The Trial Court is directed to expedite the trial as early as possible.

9. The District Judge, Patna is directed to look into the matter, so that the trial be disposed of at the earliest.

10. The S.S.P., Patna will also take all steps for producing the witnesses at the earliest.

11. Let a copy of this order be communicated to the District Judge, Patna and the S.S.P., Patna through fax for its compliance.

3. Upon perusal of the impugned order and the materials available on record, this Court is not inclined to grant bail to the petitioner.

4. Accordingly, this application is dismissed. (Sandeep Kumar, J) Vikas/- U