Guddu Kumar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16878 of 2021 Arising Out of PS. Case No.-315 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Guddu Kumar Sah Son Of Raj Kumar Sah Resident Of Village - Naurangabad, Jittan Chowk, P.S.- Hajipur Sadar, Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar For the Opposite Party/s :

Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-07-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench. The petitioner seeks bail in connection with Bidupur P.S. Case No. 315 of 2020 registered for the offence punishable under Section 392 of the Indian Penal Code.

Allegation against the petitioner is that he has looted informant's bag and mobile phone on the point of knife while informant boarded his Vikram bearing Registration No. BR 31 PA 0144 to reach Mahnar.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not

Patna High Court CR. MISC. No.16878 of 2021(2) dt.29-07-2021 2/2 committed any offence as alleged in the FIR. No such occurrence as alleged ever took place. He submits that no incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent and has been languishing in custody since 28.08.2020. Learned APP for the State vehemently opposed the bail petition and submitted that the petitioner is the main accused in the present case and he has looted the informant on the point of knife. In the facts and circumstances of the case I am not inclined to grant bail to the petitioner in connection with Bidupur P.S. Case No. 315 of 2019 from the court of Learned A.C.J.M.- 1st, Vaishali at Hajipur.

Accordingly, the prayer for bail of the petitioner is dismissed.

However, the petitioner is given liberty to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) GAURAV S./- U T