Babajee Sada v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60754 of 2018 Arising Out of PS.Case No. -183 Year- 1998 Thana -WARISNAGAR District- SAMASTIPUR ====================================================== Babajee Sada S/o Late Yugal Sada, R/o Vill.- Sari Tola, Musahari, P.S.- Warisnagar, District- Samastipur.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Abhay Shankar Singh For the Opposite Party/s : Mr. Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Sessions Trial No. 381 of 2014, arising out of Warisnagar P.S.Case No. 183 of 1998, registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code.

Petitioner is named in the FIR and allegation against him is of committing dacoity in the house of informant. Submission of learned counsel for the petitioner is that he is a resident of another village and it is quite surprising as to how his name, parentage and address have been given in the FIR and further he has no knowledge of the case and as such he could not appear earlier and thereafter he was arrested on 9.6.2018. Heard learned APP also, who has opposed the prayer for

Patna High Court Cr.Misc. No.60754 of 2018 (2) dt.06-10-2018 2/2 bail stating that petitioner is named in the Fir and the case is of the year 1998 and he was absconding.

Having heard both sides and in the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner.

However, since the case is of the year 1998, learned trial court is directed to expedite the trial.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T