Sujit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5117 of 2022 Arising Out of PS. Case No.-404 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== SUJIT KUMAR S/o Late Dudhnath Yadav Resident of Village- Lakhraw, P.S.- Siwan Muffasil, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-08-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Siwan Muffasil P.S. Case No. 404 of 2021 registered for the offences punishable under Sections 392/411 of I.P.C.

As per prosecution case, the petitioner was standing for catching the vehicle. Meanwhile, three persons came and after showing the fear of pistol snatched Redmi mobile.

Learned counsel for the petitioner submits that petitioner is in custody since 27.08.2021. Petitioner bears criminal antecedent of four cases. Charge sheet has already been

Patna High Court CR. MISC. No.5117 of 2022(3) dt.01-08-2022 2/2 submitted in the case and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that petitioner was not put on TIP. During the course of investigation the name of petitioner surfaced on the confessional statement of co-accused Jiyut Kumar.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner as the looted mobile has been recovered from the possession of the petitioner. Considering the facts and circumstances of the case as looted mobile has been recovered from the possession of the petitioner, I am not inclined to grant bail to the petitioner. Accordingly, the bail of present petitioner stands rejected. However, if the trial is preferably not concluded within six months, he may renew the prayer of bail.

(Alok Kumar Pandey, J) amitkr/- U T