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Patna High CourtCR. MISC./80320/2019dismissed

Satendra Koiri @ Azad Mourya @ Aazad Mourya v. The State Of Bihar

2019-12-12Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80320 of 2019 Arising Out of PS. Case No.-245 Year-2018 Thana- ITARHI District- Buxar ====================================================== SATENDRA KOIRI @ AZAD MOURYA @ AAZAD MOURYA Son of Brij Bihari Singh @ Vijay Koiri Resident of Village - Itarhi, P.S.- Itarhi, Distt.- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Itarhi PS case no. 245 of 2018 instituted for the offences punishable under Sections 392, 412, 414 of Indian Penal Code. The allegation, as per the FIR, is that on 13.09.2018, the informant along with others, after taking out a sum of Rs. 1 lac from the "Madhya Bihar Gramin Bank, Itarhi" were going back to the village and when they reached at Ahra more, three miscreants came there from behind on a motorcycle and snatched the plastic bag from the hand of the informant, in which the aforesaid sum of money was kept, whereafter they had fled away.

Patna High Court CR. MISC. No.80320 of 2019(3) dt.12-12-2019 2/3 The informant has alleged that the said crime was committed by three accused persons namely Satendra Koiri (petitioner herein), Raghu Chouhan and Chhotu Ram. The learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case and is languishing in custody since 12.10.2018. It is further submitted that co-accused person namely Raghu Chouhan has already been granted bail by a co-ordinate Bench of this Court. I have perused the materials on record and I find that the petitioner is having direct complicity in the alleged crime and is also having a bad criminal antecedent, inasmuch as he is an accused in two other criminal cases. This Court had put a query to the learned counsel for the petitioner as to whether the petitioner is ready and willing to deposit any portion of the snatched amount of Rs. 1 lac by way of cash security but the learned counsel for the petitioner had flatly refused the said offer.

Considering the direct allegation against the petitioner of having snatched a sum of Rs. 1 lac from the informant and he having a bad criminal antecedent, inasmuch as he is an accused in two other cases, I do not deem it fit

Patna High Court CR. MISC. No.80320 of 2019(3) dt.12-12-2019 3/3 and proper to extend the privilege of bail to the petitioner herein, hence the present petition stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T