Patna High CourtCR. MISC./4403/2022bail rejected

Bablu Kumar Das @ Ballu @ Bablu Kumar v. The State Of Bihar

2022-04-01Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4403 of 2022 Arising Out of PS. Case No.-410 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== BABLU KUMAR DAS @ BALLU @ BABLU KUMAR SON OF LATE BIJAL DAS R/O VILLAGE- SIMLAGACHHI, WARD NO.10, P.S.- SADAR (MUFFASSIL), DISTRICT- PURNEA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-04-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, four unknown miscreants entered into house of the informant and on the point of knife and pistol looted gold ornaments, cash and mobile phones and fled away.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused. No incriminating article has been recovered from the possession of the petitioner and till

Patna High Court CR. MISC. No.4403 of 2022(2) dt.01-04-2022 2/2 date the petitioner has not been put on Test Identification Parade. Petitioner is in custody since 21.09.2021 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner has got criminal antecedent and helmet used in the crime was recovered from the house of this petitioner, which has been put on Test Identification Parade and the victim identified the same. It is further submitted that fire arms used in the commission of offence was also recovered from the house of this petitioner. Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T