Patna High CourtCR. MISC./65400/2024bail rejected

Saheb Khan v. The State Of Bihar

2024-09-11Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65400 of 2024 Arising Out of PS. Case No.-50 Year-2023 Thana- KOTHI District- Gaya ====================================================== Saheb Khan S/O Sadare Alam Khan Resident Of Village- Pokhraha, P. S. - Kothi, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr.Abhay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-09-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Kothi P.S. Case No.50 of 2023 under Section 392 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against unknown accused persons against whom there is allegation that they have snatched cash Rs.2,39,468/- as well as other materials like mobile, etc. from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner is not named in the F.I.R. His name has figured in this case by virtue of confessional statement of the

Patna High Court CR. MISC. No.65400 of 2024(2) dt.11-09-2024 2/2 co-accused persons.

5. Counsel also submits that antecedent of the petitioner is not clean and there is four criminal antecedent of the petitioner in which he is on bail in all cases. He further submits that petitioner was not put on T.I.P.

6. Learned APP for the State opposes the prayer for bail and submits that the petitioner's name has figured in this case by virtue of confessional statement of co-accused persons and on the basis of said confessional statements, looted articles were recovered from the petitioner.

7. In the present facts and circumstances, it transpires to this Court that on the confessional statement, looted articles have been recovered from the possession of the petitioner. As such, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial Court is directed to expedite the trial within 6 months from today.

(Dr. Anshuman, J.) Prakashmani/- U T