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Patna High CourtCR. MISC./31152/2016rejected

Baldeo Singh Bhokta v. The State Of Bihar

2016-09-08Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31152 of 2016 Arising Out of PS.Case No. -250 Year- 2015 Thana -SHERGHATI District- GAYA ====================================================== Baldeo Singh Bhokta, Son of Late Prayag Singh, Resident of villageKewaliya, P.S.- Barachatty, District-Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate For the Opposite Party : Mr. Sri Tarkeshwar Nath Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-09-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Sherghati (Dobhi) P.S Case No. 250 of 2015 registered for the offences punishable under Section 395 of the Indian Penal Code. Allegedly, at the point of pistol 6-7 miscreants stopped Pick-up Van loaded with 60 bags of potatoes and thereafter, after snatching the key of the vehicle, they speed away with Pick-up Van loaded with potatoes. During investigation, the petitioner was apprehended and looted potatoes were recovered from his house.

Submission is of false implication and that nothing has been recovered from the conscious possession of the

Patna High Court Cr.Misc. No.31152 of 2016 (3) dt.08-09-2016 2/2 petitioner. He has got some cases against him which all are false and he is suffering in custody since 23.09.2015. Co-accused Pawan Yadav has been allowed bail and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P opposes the prayer of bail by submitting that from the house of the petitioner, looted potatoes were recovered and further the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the alleged recovery and further the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J.) Rajiv/- U T