Patna High CourtCR. MISC./818/2020dismissed

Subhash Kumar Pandit v. The State Of Bihar

2020-06-05Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.818 of 2020 Arising Out of PS. Case No.-457 Year-2019 Thana- KRITYANAND NAGAR DistrictPurnia ====================================================== SUBHASH KUMAR PANDIT Son of Sri Ramdeo Pandit Resident of Village - Chiraiya Rahika, P.S.- K. Nagar (Srinagar), Distt - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 05-06-2020 Heard learned counsel for the parties.

This application for regular bail arises out of K.Nagar P.S. Case No. 457 of 2019 disclosing offences punishable under Sections 392 and 365 of the Indian Penal Code. It is the case of the prosecution that on the alleged date of occurrence, viz, 12.11.2019 when the informant was carrying certain miscellaneous articles in a Pick-up Van, he was intercepted by the miscreants and after having tied his hand and legs, they took away the vehicle with the articles loaded therein. The FIR was registered against unknown. Case diary has been called for, which is there on record. From the case diary it transpires that confessional statement of one Md. Alam was recorded by the police which

Patna High Court CR. MISC. No.818 of 2020(4) dt.05-06-2020 2/2 describes in detail the manner in which the offence was committed. Confessional statement of Md. Alam has led to recovery of looted articles from the petitioner's possession. Learned counsel appearing on behalf of the petitioner has submitted that he works in a grocery shop from where the articles were recovered. He has been implicated on the sole ground that the petitioner was present in the shop from where recovery of looted articles was made.

Be that at it may, considering the nature of accusation and materials collected in course of investigation, leading to recovery of the looted articles from the petitioner's possession, I am not inclined to grant him the privilege of regular bail for the present.

This application is accordingly rejected.

arun/- (Chakradhari Sharan Singh, J) U