Gulam Ahmad Raja @ Pulsar @ Ahamad Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67140 of 2024 Arising Out of PS. Case No.-333 Year-2022 Thana- SAMASTIPUR District- Samastipur ====================================================== Gulam Ahmad Raja @ Pulsar @ Ahamad Raja Son of Imamul Haque Resident of Village - Chini Mill Chawk, Police Station - Samastipur Town , District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap, Advocate For the Opposite Party/s :
Mr.Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sessions Trial No 451 of 2024 arising out of Samastipur Town P.S. Case No. 333 of 2022, lodged on 06.12.2022 under Section 395 of the Indian Penal Code.
3. As per the prosecution case, the F.I.R. has been lodged against unknown accused persons against whom there is an allegation that they have committed dacoity at the house of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The
Patna High Court CR. MISC. No.67140 of 2024(3) dt.06-12-2024 2/3 petitioner has not been put on the Test Identification Parade. The only suspicion which is against him is that there are a total of 18 cases pending against him and due to this reason, the police have figured out his name in this case again. Learned counsel further submits that one co-accused of this case has been granted bail by this Court vide order dated 22.02.2024 passed in Criminal Miscellaneous No. 11211 of 2024.
5. Learned counsel for the State opposes the prayer for bail and submits that from the rejection order it becomes crystal clear that the alleged mobile has been seized by the police from the possession of the petitioner. He further submits that there are 18 criminal antecedents of the petitioner and most of the cases have been lodged for dacoity, fraud, theft, forgery, under the Arms Act, murder, and attempt to murder consistently from 2016 to 2024. Learned counsel further submits that the accused person to whom bail has been granted has less antecedent than the present petitioner.
6. In the present facts and circumstances, I am not inclined to grant bail to the petitioner.
7. Accordingly, the prayer for regular bail of the petitioner in connection with Sessions Trial No. 451 of 2024 arising out of Samastipur Town P.S. Case No. 333 of 2022,
Patna High Court CR. MISC. No.67140 of 2024(3) dt.06-12-2024 3/3 pending before the learned Sessions Judge, Samastipur is hereby rejected.
8. However, the trial Court is directed to expedite the trial.
(Dr. Anshuman, J) Ashwini/- U T