Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61197 of 2019 Arising Out of PS. Case No.-189 Year-2019 Thana- KOTWALI District- Patna ====================================================== Sanjay Kumar S/o Dharmu Mandal R/o village-Buddha Colony, P.S. Buddha Colony, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rakesh Kumar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Kotwali P.S. Case No. 189 of 2019 registered for the offence punishable under Sections 392 of the Indian Penal Code.

Two unknown motorcycle borne criminals are said to have looted away a purse of the daughter of the informant containing Rs. 2.5 lacs and her mobile etc.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case. Petitioner has no criminal antecedent and has been languishing in custody since 28.06.2019. Co-accused Ajay Kumar @ Kallu has been enlarged

Patna High Court CR. MISC. No.61197 of 2019(3) dt.27-11-2019 2/2 on bail by a co-ordinate bench of this Court vide order dated 29.08.2019 passed in Cr. Misc. No. 53181 of 2019. On the other hand, learned APP opposing the bail prayer of the petitioner submitted that looted mobile phone has been recovered from possession of the petitioner and said mobile has been identified by the daughter of the informant during course of T.I.P., hence, the petitioner does not deserve bail.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer is rejected.

However, learned court below is directed to conclude the trial as expeditiously as possible preferably within six months from the date of receipt/production of a copy of this order and SSP, Patna is directed to ensure production of the witnesses in the case on each and every date fixed without fail. Let a copy of this order be communicated to SSP, Patna by fax for needful.

(Prakash Chandra Jaiswal, J) rohit/- U T