Sashi Kapur Ravidas @ Sashi Kapur Mochi @ Sashi Kapur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15645 of 2017 ====================================================== Sashi Kapur Ravidas @ Sashi Kapur Mochi @ Sashi Kapur Son of Dhanpat Ravidas, Resident of Village- Rasalpur, P.S.- Ekangarsarai, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Mithilesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Ekangarsarai P.S. Case No. 168 of 2016 registered for the offences punishable under Section 395 of the Indian Penal Code. Allegedly, in the house of the informant dacoity was committed by 6-7 unknown miscreants, ornaments and mobiles were looted away. During the course of investigation the name of the petitioner transpired in the further statement of the informant as well as in the statement of two witnesses, then the petitioner was apprehended and from his possession looted Sim was recovered and he confessed his guilt.

Submission is of false implication and that nothing has

Patna High Court Cr.Misc. No.15645 of 2017 (3) dt.02-05-2017 2/2 been recovered from his conscious possession. He has been apprehended when he was working in Sulabh Sauchalay due to various enmities with the informant and further the petitioner is suffering in custody since 24.12.2016.

The learned A.P.P. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent also and informant and other two witnesses have identified the petitioner at the time of dacoity and further looted Sim was recovered and the petitioner has confessed his guilt.

In the facts and circumstances stated above, at present I am not inclined to release the petitioner on bail and accordingly such prayer for bail stands rejected in connection with Ekangarsarai P.S. Case No. 168 of 2016, pending in the court of learned A.C.J.M., Hilsa, Nalanda.

However, the petitioner may renew his prayer for bail after remaining one year in custody.

(Jitendra Mohan Sharma, J) BTiwary/- U T