Sarfaraj @ Prince @ Raja v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83090 of 2024 Arising Out of PS. Case No.-143 Year-2021 Thana- GORAUL District- Vaishali ====================================================== Sarfaraj @ Prince @ Raja Son of Md Ayub R/O-Village- Hathsarganj, P.S.- Hajipur Town, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satya Prakash Sinha, Adv.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-03-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Goraul P.S. Case No. 143 of 2021, lodged on 22.03.2021, under Sections 392 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against three unknown accused persons, against whom it is alleged that they snatched cash, a passbook, a cheque book, and fled on a blue colored apache motorcycle.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that in the present case, the petitioner has been remanded. Counsel further submits that bail application of the petitioner has earlier been rejected vide order dated 04.04.2024
Patna High Court CR. MISC. No.83090 of 2024(3) dt.19-03-2025 2/3 passed in Cr. Misc. No.21050 of 2024 with a liberty to renew his prayer for bail six months after framing of charge. Counsel further submits that six months have already been passed, as charge was framed in this case on 03.02.2024, and the trial has also commenced. Counsel also submits that the criminal antecedent of the petitioner is not clean, there are in total 11 criminal cases pending against him and he is on bail in all the cases. Counsel further submits that the present case is magisterial triable in nature, and the petitioner is ready to fulfill all the conditions whatsoever shall be imposed to him.
5. Learned Counsel for the State opposes the prayer for bail and submits that in the rejection order of the Sessions Court, it is clearly mentioned that the recovered article, subject to the robbery, was made from the petitioner's possession, as noted in paragraph 28 of the case diary. In addition, there are 12 criminal cases, including the present one, against the petitioner. Therefore, this aspect may be taken into consideration at the time of considering the bail application.
6. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.
Patna High Court CR. MISC. No.83090 of 2024(3) dt.19-03-2025 3/3
7. The Superintendent of Police, Vaishali at Hajipur is directed to do the needful by directing the concerned SHO / IO of this case so that trial is expedited within 9 months from today in connection with Goraul P.S. Case No. 143 of 2021.
8. Office is directed to communicate this order forthwith to the Superintendent of Police, Vaishali at Hajipur directly and A.P.P. is also directed to communicate this order at his level in this regard.
(Dr. Anshuman, J.) Aman Kumar/- U T