Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74390 of 2019 Arising Out of PS. Case No.-613 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== MD. DANISH Son of Md. Munna Resident of Murgia Tola, P.S-Phulwari Sharif, District-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-07-2020 This case has been heard through video conferencing. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 399, 402, 414 of the Indian Penal Code and Sectiion 25 (1-b)a/26/35 of the Arms Act. Informant who is a police officer has stated that on 16.08.2018 he got a secret information that some miscreants assembled to commit grave crime and on said information he raided at the said place and apprehended the petitioner and coaccused persons and recovered arms and other articles. Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR but on

Patna High Court CR. MISC. No.74390 of 2019(5) dt.08-07-2020 2/2 confessional statement of the co-accused, the petitioner has been arrested and recovered Rs. 76,000/- from the possession of the petitioner. He further submits that petitioner is languishing in judicial custody since 17.08.2018.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected in connection with Phulwari Sharif P.S. Case No. 613 of 2018 pending before the court of the learned Sub Judge XV-cum-A.C.J.M., Patna.

Accordingly, the application is dismissed. However, trial court is directed to separate the trial of the petitioner and conclude the same within one year. Petitioner is at liberty to new his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) devendra/- U T