Patna High CourtCR. MISC./31413/2018rejected

Shankar Kumar v. State Of Bihar And ANR

2018-07-10Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31413 of 2018 Arising Out of PS.Case No. -339 Year- 2017 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Shankar Kumar, age about 22 Years S/o Chandhashwar Sah, R/o Ward no.9 Chaklokman, P.O. + P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Santosh Kumar Srivastava, age about 40 Year, S/o Late Arun Kumar Srivastava, R/o Vill.- Bhagwanpur Chaksekhu ward No. 1, P.O. + P.S.- Dalsingsarai, District- Samastipur.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Vardhan Narayan For the Opposite Party/s : Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 10-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in connection with Dalsingsarai P.S. Case No. 339 of 2017 registered for offence under section 411 (later on section 441 I.P.C. was added). It has been submitted that the case has been registered against the unknown miscreants. In course of investigation, the petitioner was apprehended merely on suspicion. The petitioner is in custody since 5.12.2017 having clean antecedent and so he deserves bail.

The learned Additional Public Prosecutor on the other hand opposed the submission.

Patna High Court Cr.Misc. No.31413 of 2018 (3) dt.10-07-2018 2/2 On perusal of case diary, I find that in course of investigation, police arrested the petitioner and recovered one mobile-phone from his possession. This petitioner confessed his guilt and on his disclosure, one more mobile phone and one laptop along with charger were recovered from his house. Considering the complicity of petitioner and recovery of stolen articles from the possession of the petitioner, I am not inclined to grant him bail. His bail prayer stands rejected. The court below is directed to expedite the trial. (Sanjay Kumar, J) Mahesh/- U T