Sujeet Kumar Bind v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19078 of 2024 Arising Out of PS. Case No.-390 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== Sujeet Kumar Bind son of Ramashish Bind R/Village- Bharauli PS - Ander Dist- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Section 396 of the Indian Penal Code and Section 27 of the Arms Act.

3. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case. It is further submitted that the FIR was instituted against unknown and the name of the petitioner transpired during the course of investigation in the confessional statement of Rohit Kumar in police custody which does not have any evidentiary value in the eye of law. It is next submitted that no doubt the allegation as alleged in the FIR is serious in nature as the informant alleges that six unknown accused entered the jewellery shop of his brother and looted the same and during committing loot the brother

Patna High Court CR. MISC. No.19078 of 2024(3) dt.26-04-2024 2/2 of the informant was shot dead but then informant is not an eyewitness to the occurrence.

4. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposed the prayer for regular bail of the petitioner and the learned counsel appearing on behalf of the informant submits that name of the petitioner transpired in the confessional statement of Rohit Kumar but then during the course of investigation even recovery of looted article was recovered from him as would manifest from the seizure list which is annexed with the counter affidavit, a copy of which has been served on the learned counsel appearing on behalf of the petitioner and the same has not been denied by way of reply.

5. Considering the submissions made by the learned counsel appearing on behalf of the informant, the Court is not inclined to enlarge the petitioner on bail in connection with G.B. Nagar P.S. Case No. 390 of 2023 pending in the Court of learned Additional Chief Judicial Magistrate-IV, Siwan/Successor Court.

6. Hence, the prayer for bail is rejected.

(Satyavrat Verma, J) Kundan/- U T