Criminal Miscellaneous petition for bail under Section 395 IPC dismissed as the petitioner had criminal antecedents and was found using a looted mobile phone.
Petition for bail dismissed; petitioner remains in custody.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.56429 of 2015
Arising Out of PS.Case No. -135 Year- 2012 Thana -BIHIYA District- BHOJPUR ====================================================== Tuntun Thakur S/o Tilendra Thakur, Resident of Village- Rajpur, P.S.Bahoranpur, Bihiya, District- Bhojpur .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. A.P.P. CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2 19-01-2016 Heard Sri Ravindra Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, who is in custody since 06.10.2015 in connection with Bihiya P.S. Case no.135/12 registered for the offence under Section 395 of the Indian Penal Code, has prayed for grant of bail.
It was submitted by learned counsel for the petitioner that F.I.R. was lodged against unknown. The petitioner despite his arrest has not been put on T.I.Parade nor any article has been recovered from the possession of the petitioner and, as such, he makes a prayer for bail.
On perusal of materials available on record, particularly paragraph no.3 of the petition, it is evident the petitioner is accused in number of cases. Moreover, the order,
Patna High Court Cr.Misc. No.56429 of 2015 (2) dt.19-01-2016
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whereby the prayer for bail was rejected, reflects that looted mobile phone had been used by the petitioner.
Keeping in view the nature of accusation and criminal antecedent of the petitioner, I am not inclined to grant bail to the petitioner. The petition stands dismissed.
(Rakesh Kumar, J)
NKS/U
1 issue framed by the court
Whether bail should be granted to the petitioner who is in custody accused of robbery and has criminal antecedents.
1 provisions across 1 enactments
Tuntun Thakur
The State of Bihar
Rakesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
