Ajit Anand @ Bittu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5821 of 2024 Arising Out of PS. Case No.-490 Year-2021 Thana- GHORASAHAN District- East Champaran ====================================================== Ajit Anand @ Bittu Son Of Sadan Sah Resident Of Village - Hasanpur, Bairiya, P.S. - Kalyanpur, District - East Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Davendra Kumar Pandey, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-04-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Ghorasahan (Jitna) P.S. Case No.490 of 2021, lodged on 17.11.2021, under Sections 392/395 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four unknown accused persons against whom allegation of robbery is there.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Counsel submits that petitioner is not named in the FIR. His name has figured in this case by virtue of confessional statement of the co-accused. Counsel further submits that nothing incriminating
Patna High Court CR. MISC. No.5821 of 2024(3) dt.09-04-2024 2/3 has been recovered from possession of the petitioner nor he was put on Test Identification Parade. Counsel further submits that there are ten criminal cases pending against the petitioner and he is in jail since 17.05.2022 without any cogent reason.
5. Learned counsel for the State opposes the prayer for bail and submits that antecedent of the petitioner is not clean. There are ten criminal cases pending against the petitioner and almost all the cases are either of robbery or dacoity. Counsel further submits that the stage of the trial was called for from the trial Court by which it transpires that charge has still not framed in this case as the accused petitioner has not brought the Court even after issuance of production warrant.
6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. However, the petitioner would be at liberty to renew the prayer for bail after framing of the charge with the proof that he is not absconding in anyone of the cases mentioned below:- (i) Ghorasahan P.S. Case No. 500 of 2021, (ii) Dhaka P.S. Case No. 95 of 2021, (iii) Chiraiya P.S. Case No. 153 of 2022, (iv) Kundwachainpur P.S. Case No. 154 of 2022,
Patna High Court CR. MISC. No.5821 of 2024(3) dt.09-04-2024 3/3 (v) Ghorasahan P.S. Case No. 502 of 2021, (vi) NDPS Case No.10 of 2022, (vii) Chhauradano P.S. Case No. 103 of 2022, (viii) Ghorasahan P.S. Case No. 182 of 2020, (ix) Dhakia P.S. Case No. 95 of 2022, (x) Ghorasahan P.S. Case No. 471 of 2021.
(Dr. Anshuman, J) Mkr./- U T