Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14857 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- PUNAURA District- Sitamarhi ====================================================== Mohan Kumar S/o Ram Ekabal Mahato R/o village- Berbas, P.S.- Dumra, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Raj Ballabh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

02-06-2020 Heard learned counsel for the parties through video conferencing.

This relates to grant of bail in Punaura P.S. Case No. 164 of 2019 registered for the offence under Section 392 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case is that three miscreants on a motorcycle attacked on the vehicle of informant and took away his mobile phone as also a bag, containing Rs. 1,25,000/- (one lac and twenty five thousand).

It is submitted on behalf of petitioner that petitioner is not named in the F.I.R. His name has surfaced on the basis of confessional statement of co-accused and nothing has been recovered from his conscious possession.

However, learned A.P.P. for the State submits that as

Patna High Court CR. MISC. No.14857 of 2020(3) dt.02-06-2020 2/2 per paragraph 21 of the case diary, looted money has been recovered from the possession of the petitioner and petitioner has got criminal antecedent also.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The bail application stands dismissed.

(Prabhat Kumar Singh, J.) anay U T