Rakesh Kumar @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75309 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- PIRO District- Bhojpur ====================================================== RAKESH KUMAR @ CHHOTU Son of Ramchela Singh Yadav Resident of Village - Balua Tola, P.S.- Piro, Distt - Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh For the Opposite Party/s :
Mr.Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-06-2020 Heard learned counsel for the parties.
This application for regular bail arises out of Piro P.S. Case No. 12 of 2019, disclosing offence punishable under Section 392 of the Indian Penal Code.
The FIR was registered against unknown. In course of investigation, the name of this petitioner and others surfaced. Confessional statement of the petitioner about his involvement in commission of offence has been recorded by the police. Learned counsel appearing on behalf of the petitioner has submitted that two other co-accused persons, namely, Chhotan Kumar and Rakesh Kumar, who have allegedly confessed before the police about commission of offence, have been enlarged on bail by this Court.
Patna High Court CR. MISC. No.75309 of 2019(5) dt.04-06-2020 2/3 I have perused the case diary. From paragraph 3 of the application, it appears that the petitioner has criminal antecedent, inasmuch as, he is involved in at-least following six cases :- "1. Piro P.S. Case No. 11 of 2019 for offence punishable under Section 394 of the IPC.
2. Piro P.S. Case No. 20 of 2018 for offence punishable under Sections 323, 307 of the IPC and Section 27 of the Arms Act.
3. Piro P.S. Case No. 26 of 2018 for offence punishable under Section 307 of the IPC and 27 of the Arms Act.
4. Agion Bazar P.S. Case No. 57 of 2017 for offence punishable under Sections 379, 411 of the IPC.
5. Mahila P.S. Case No. 260 of 2016 for offence punishable under Section 498-A of the IPC and
6. Piro P.S. Case No. 30 of 2019 for offence punishable under Sections 399, 402 of the IPC and Sections 25(1-b), 26, 35 of the Arms Act.
Learned counsel for the petitioner has submitted that said Rakesh Kumar, son of Hari Krishna Singh has also criminal antecedent and despite that he has been allowed regular bail by this Court.
Be that as it may, considering the nature of the offence alleged and the materials collected in course of investigation by
Patna High Court CR. MISC. No.75309 of 2019(5) dt.04-06-2020 3/3 the police, coupled with the fact that the petitioner has criminal antecedent of his alleged involvement in so many serious criminal cases, I am not inclined to grant him the privilege of regular bail for the present.
This application is accordingly dismissed. The petitioner shall be at liberty to renew his prayer for bail, if trial does not commence within one year from today. (Chakradhari Sharan Singh, J) Rajesh/- U T