Patna High CourtCR. MISC./83517/2023bail rejected

Chhotu Kumar Yadav v. The State Of Bihar

2024-03-21Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83517 of 2023 Arising Out of PS. Case No.-166 Year-2023 Thana- PARBATTA District- Bhagalpur ====================================================== Chhotu Kumar Yadav S/O Sri Kant Yadav Village- Jagatpur, Ps. Parbatta, Dist. Bhagalpur (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav, Advocate For the Opposite Party/s :

Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Parbatta P.S. Case No. 166/2023, lodged on 03.09.2023 under Sections 392/411 of the Indian Penal Code.

3. As per the prosecution case, the FIR has been lodged against two named accused persons including the present petitioner with an allegation of committing robbery of a motorcycle and a mobile phone of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is accused in one criminal case, but in that case, he has been granted bail. The petitioner is in custody since 04.09.2023 and the chargesheet has already been filed.

Patna High Court CR. MISC. No.83517 of 2023(3) dt.21-03-2024 2/2

5. Learned counsel for the State opposes the prayer for bail and submits that the petitioner is named in the FIR. The motorcycle and mobile phone subject to theft have been recovered from his possession and the antecedent of the petitioner is not clean. Moreover, the charge has not been framed.

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

8. Accordingly, the prayer for regular bail of the petitioner in connection with Parbatta P.S. Case No. 166/2023, pending before the learned ACJM, III, Naugachia, is hereby rejected.

9. However, the trial Court is directed to expedite the trial and concluded the same as expeditiously as possible preferebly within a period of six months.

(Dr. Anshuman, J) Ashwini/- U