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Patna High CourtCR. MISC./62386/2022bail rejected

Guddu Yadav @ Sujit Kumar v. The State Of Bihar

2023-02-22Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62386 of 2022 Arising Out of PS. Case No.-232 Year-2021 Thana- MUFFASIL District- Aurangabad ====================================================== Guddu Yadav @ Sujit Kumar S/o Prabhu Yadav, R/o Village- Ajaniya Tola Yadav Bigha, P.S- Simra, District- Aurangabad. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bishwa Bijay Kumar, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-02-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Muffasil (Aurangabad) P.S. Case No. 232 of 2021, lodged under Section 394 of the Indian Penal Code.

As per prosecution, the case has been filed against 3 unknown criminals against whom allegation of robbery of motorcycle is there in the F.I.R.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that nothing incriminating was recovered from the possession of petitioner. He also submits that name of petitioner

Patna High Court CR. MISC. No.62386 of 2022(2) dt.22-02-2023 2/2 was figured in this case only on the instance of Police because criminal antecedent of petitioner is not clean and there are in total 9 cases pending against him but he is on bail in 6 cases and in rest 3 cases he is persuading for bail. Learned counsel for the petitioner further submits that petitioner is in custody since 28.03.2022.

Learned counsel for the State opposes the prayer for bail and submits that there are in total 10 criminal cases pending against the petitioner including the present one and charge has not been framed and if bail shall be granted to the petitioner, the trial could not be completed.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner, therefore, his bail application is hereby rejected. Learned trial court is directed to expedite the trial and liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge in this case. (Dr. Anshuman, J.) ritik/- U T