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Patna High CourtCR. MISC./3191/2024dismissed

Bheem Sahani @Thekedar v. The State Of Bihar

2024-01-24Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3191 of 2024 Arising Out of PS. Case No.-676 Year-2022 Thana- JOGAPATTI District- West Champaran ====================================================== Bheem Sahani @Thekedar SON OF Late Ramjanam Sahani RESIDENT OF VILLAGE -JEHANABAD, PS- LALGANJ, DIST- VAISHALI AT HAJIPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Niranjan Parihar For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is in custody since 19.02.2023 in connection with Yogapatti (Nawalpur) P.S. Case No. 676 of 2022 registered for the offence punishable under Sections 399/402/413/414/412 of the Indian Penal Code and Section 25(1-b)a, 26/35 Arms Act.

3. As per the prosecution case, the police got information that the criminals had looted the bank and they were fleeing Yogapatti Nawalpur Road. While looking for the criminals, one Raja Kumar was arrested from whom one loaded countrymade pistol and two cartridges were recovered. A motorcycle was also recovered from Raja Kumar. Another police team came and they recognized the petitioner as one of the dacoits who had committed the crime in the State Bank of India bearing a Jacket which was identified by the police party. Finally, Raja Kumar accepted his guilt that he along with the

Patna High Court CR. MISC. No.3191 of 2024(2) dt.24-01-2024 2/2 other named criminals were involved in the dacoity and the criminals were hiding in the house of one Surpanch from where Rs. 242880/- has been recovered.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He further submits that the entire allegations in the F.I.R. are false and concocted.

5. Learned Additional Public Prosecutor appearing on behalf of the State has vehemently opposed the prayer for bail. He submits that during investigation the petitioner has been found to be involved in the dacoity. The petitioner is accused in 17 more cases of similar or serious nature.

6. In view of the above, I am not inclined to grant the petitioner the privilege of bail. This application is dismissed.

7. The District Judges of Vaishali and Muzaffarpur are directed to conclude the trial of all the cases in which the petitioner is accused.

8. Let a copy of the order be communicated to the District Judges of Vaishali and Muzaffarpur through FAX/e-mail forthwith for compliance of the order.

(Sandeep Kumar, J) Saif/- U T