Chandan Singh @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (SJ) No.2678 of 2017 Arising Out of PS.Case No. -199 Year- 2012 Thana -BARHARA District- BHOJPUR ====================================================== Chandan Singh @ Chandan Kumar, Son of Ajit Singh, Resident of Village- Udaybhanpur, P.S. Krishnagarh, District- Bhojpur. .... .... Appellant/s
Versus
The State of Bihar .... .... Respondent/s ====================================================== Appearance :
For the Appellant/s : Mr. Prabhat Kumar Singh For the Respondent/s : Mr. Sri Bipin Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 30-11-2017 Heard learned counsel for the appellant as well as learned Additional Public Prosecutor.
Instant appeal has been filed on account of refusal to enlarge on bail after suspending sentence by the learned appellate court vide order dated 18.08.2017 relating to Cr. Appeal No.20/2017 of VIth Addl. Sessions Judge, Bhojpur at Ara as provided under Section 389(2) of the Cr.P.C.
Appellant was identified during course of T.I. Parade by the informant/victim who happens to be a goldsmith and had fallen prey at the hands of unknown miscreants who looted away gold ornaments while he was in a way to house and for that, FIR was registered against unknown. After trial the learned lower court found the appellant guilty and accordingly sentenced. Appeal has been preferred at the end of the appellant before the learned Sessions Judge, Bhojpur at Ara and by the order impugned dated 18.08.2017 Sixth Addl. District & Sessions Judge, Bhojpur at Ara has rejected the prayer of the appellant to release him on bail after suspending the sentence in terms of Section 389(1) of the Cr.P.C, till pendency of appeal.
Considering the evidence of informant, PW.6, Patna High Court CR. APP (SJ) No.2678 of 2017 (4) dt.30-11-2017 inconsonance with the evidence of PW.9, Magistrate who had conducted T.I. Parade, I do not find any merit, consequent thereupon instant appeal is dismissed.
(Aditya Kumar Trivedi, J.) Prakash Narayan U T