Patna High CourtCR. MISC./82654/2023bail rejected

Devendra Kumar Sharma @Nanki v. The State Of Bihar

2024-03-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82654 of 2023 Arising Out of PS. Case No.-198 Year-2022 Thana- SARAI RANJAN District- Samastipur ====================================================== Devendra Kumar Sharma @Nanki S/O Chhotelal Sharma R/O Mohalla/VillJitwarpur Kumhra, Ps. Sarairanjan, Dist. Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kedar Jha, Advocate For the Opposite Party/s :

Ms.Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sarairanjan P.S. Case No. 198/2022, lodged on 21.07.2022 under Section 392 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against the unknown accused persons alleging therein that they have committed robbery of a laptop, charger, finger scanner machine, and other documents from the informant at gunpoint.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The FIR has been lodged against the unknown but since the antecedent of the petitioner is not clean as the petitioner is accused in six more

Patna High Court CR. MISC. No.82654 of 2023(3) dt.07-03-2024 2/2 criminal cases and due to this reason, the police have falsely roped the petitioner in the present case. The petitioner is in custody since 26.08.2022 and the chargesheet has already been submitted.

5. Learned counsel for the State opposes the prayer for bail and submits that it has come in the case diary as well as in the rejection order that looted articles have been recovered from the possession of the petitioner.

6. In the present facts and circumstances, I am not inclined to grant regular bail to the petitioner.

7. Accordingly, the prayer for regular bail of the petitioner in connection with Sarairanjan P.S. Case No. 198/2022, pending before the learned ACJM, III, Samastipur is hereby rejected.

9. However, the petitioner would be at liberty to renew his prayer for bail, six months after framing of charge.

10. With this observation, the bail application stands disposed off.

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