Botal Mahto @ Sinku @ Shashi Kumar Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17621 of 2021 Arising Out of PS. Case No.-978 Year-2019 Thana- ARA NAWADA District- Bhojpur ====================================================== BOTAL MAHTO @ SINKU @ SHASHI KUMAR KUSHWAHA, Son of Ravi Shankar Mahto @ Lal Baboo Mahto, Resident of Village - Ratnardh, P.S. - Agion (G), Dist. - Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandely, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-10-2021 Heard the parties.

Petitioner seeks bail in a case registered for the offences punishable under Sections 395, 397 of the Indian Penal Code and Section 27 of the Arms Act.

The FIR of the occurrence of bank dacoity is against unknown. The petitioner was identified by face on the basis of picture of the petitioner in CCTV footage. Thereafter, on the confessional statement of petitioner part of the looted money was recovered. Petitioner has got a long list of criminal antecedent.

Learned counsel for the petitioner submits that petitioner was not put on T.I. Parade nor the recovered money was put on T.I. Parade to ascertain whether the same was part of the looted money or not. Confession before the police while in police custody is no evidence.

Patna High Court CR. MISC. No.17621 of 2021(3) dt.25-10-2021 2/2 Considering the nature of material against the petitioner, especially, his identity in the CCTV footage as well as considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Ara Nawada Police Station Case No. 978 of 2019 pending in the Court of learned Chief Judicial Magistrate, Bhojpur at Ara/successor Court. Hence, prayer for bail is refused. Learned Trial Court is directed to expedite the trial of the case.

(Birendra Kumar, J) Kundan/- U T