Patna High CourtCR. MISC./83781/2023dismissed

Prakash Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83781 of 2023 Arising Out of PS. Case No.-379 Year-2022 Thana- DESARI District- Vaishali ====================================================== PRAKASH KUMAR SON OF UDAY KUMAR YADAV @ PANCHU RAI R/O VILLAGE- PAHARPUR, P.S.- JURAWANPUR, DISTRICT- VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 01.03.2023 in connection with Desari P.S. Case No. 379 of 2022 registered for the offence punishable under Sections 397/307 of the Indian Penal Code.

3. As per the prosecution case, the petitioner is accused of looting a pickup vehicle along with the goods.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the petitioner is not named in the F.I.R., his name surfaced during the course of investigation. He next submits that the petitioner has not been put on T.I.P.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.83781 of 2023(2) dt.10-01-2024 2/2 He submits that materials have come during the investigation to connect the petitioner with the crime. The petitioner is accused in eight more cases of similar and serious nature out of which he has been acquitted in two cases.

6. Considering the criminal antecedents of the petitioner, I am not inclined to grant bail to this petitioner though one co-accused Rahul Kumar has been granted bail. It is, accordingly, rejected.

7. The District and Sessions Judge, Vaishali at Hajipur is directed to expedite the trail of all the cases which are pending in the District of Vaishali in which the petitioner is an accused.

(Sandeep Kumar, J) Saif/- U T