Md. Ekramul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77661 of 2024 Arising Out of PS. Case No.-67 Year-2022 Thana- ANGARGHAT District- Samastipur ====================================================== Md. Ekramul Son of Mohammad Abdul Barik R/O Vill.- Daulatpur, P.S.- Warisnagar, Dist.- Samastipur, Bihar- 848101 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Piyush Kumar Pandey, Advocate For the State :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the second attempt for bail of the petitioner as earlier such prayer was rejected by order dated 31.01.2024 in Cr. Misc. No. 3144 of 2024.

3. The petitioner seeks bail in connection with Angarghat P.S. Case No. 67 of 2022 registered for the offence punishable under Section 392 of the Indian Penal Code.

4. The following order was passed on 31.01.2024 in Cr. Misc. No. 3144 of 2024 which reads as under: " Heard the learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in a case registered for the offence under Section 392 of the Indian Penal Code.

3. As per the prosecution case, motorcycle borne criminals looted Rs.

Patna High Court CR. MISC. No.77661 of 2024(2) dt.11-12-2024 2/3 7,22,000/- on the gun point from a Bolero Pickup vehicle.

4. Though the petitioner is not named in the F.I.R. but the involvement of the petitioner has been surfaced during investigation and the materials have come to connect the petitioner with the crime including confessional statement of co-accused.

5. It has been submitted by the learned counsel for the petitioner that the petitioner is in jail since 12.07.2023 and no recovery has been made from the possession of the petitioner. He further submits that petitioner has not been put on T.I. Parade yet.

6. Learned A.P.P. has vehemently opposed the prayer for bail and has submitted that the petitioner is accused in six more cases of similar and serious nature and he is a veteran criminal of the area.

7. Having considered the aforesaid facts and circumstances, considering the serious nature of crime and considering the criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner. This application for regular bail is dismissed.

8. The Court below is directed to expedite the trial of all the cases registered against the petitioner/s.

9. Let a copy of this order be communicated to the District Judge, Samastipur through FAX for its compliance forthwith"

5. It has been submitted by learned counsel for the petitioner that in the trial four witnesses have been examined but four witnesses are still to be examined and the petitioner is in jail since 12.07.2023.

6. Considering the aforesaid facts, this application is dismissed with a direction to the trial Court not to delay the trial

Patna High Court CR. MISC. No.77661 of 2024(2) dt.11-12-2024 3/3 and conclude the same at the earliest.

7. If the trial is delayed by the prosecution, the petitioner may renew his prayer for bail.

(Sandeep Kumar, J) P. Kumar U T