Patna High CourtCR. MISC./51679/2015rejected

Munna Kumar v. The State Of Bihar

2016-02-03Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51679 of 2015 ====================================================== Munna Kumar S/o Vijay Paswan, R/o Village- Bhada, P.S.- Jamonagar, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Adya Singh For the Opposite Party/s : Mr. Md.Aslam Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Gopalpur P.S. Case No. 105 of 2015 for offence under Section 395 of the Indian Penal Code.

An allegation has been made that the Informant was carrying sand on the tractor baring Registration No. BR 22GA0762 and some unknown five to six persons in three motorcycle came from behind and stopped the tractor and, on the point of country made pistol, took away Rs. 3000/- and also took away tractor. The said tractor was recovered while the petitioner was driving the same and was arrested.

Learned counsel for the petitioner submits that the coaccused, namely, Rakesh Kumar, who was also arrested by the

Patna High Court Cr.Misc. No.51679 of 2015 (3) dt.03-02-2016 Police, has already been granted bail by order dated 15.10.2015 in Cr. Misc. No. 47071 of 2015 and further has submitted that no T.I. Parade has been conducted and, save and except, the petitioner was driving the tractor, no material is against the petitioner. It is also submitted that the seizure list has not been prepared in a proper manner as there is no thumb impression of the petitioner therein the same cannot be looked into and so much so that the petitioner has got no criminal antecedent.

There may be some error in the preparation of the seizure list but, the tractor was recovered from the conscious possession of the petitioner.

Looking into the facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Munna Kumar is rejected with a liberty to the petitioner to renew his prayer for bail after one year of judicial custody. (Shivaji Pandey, J) Rishi/- U T