Bhaskar Kumar Chaubey @ Bhutnath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20844 of 2022 Arising Out of PS. Case No.-629 Year-2021 Thana- SIKARPUR District- West Champaran ====================================================== BHASKAR KUMAR CHAUBEY @ BHUTNATH Son of Ramendra Chaubey Resident of village - Parorha, Ward No.- 8, P.S.- Sathi, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sachida Nand Rai For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-09-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in Shikarpur P.S. Case no. 629/2021 registered for the offence punishable under section 394 of the Indian Penal Code.

As per allegation while the informant was returning on the motorcycle after making Tagada, three persons riding on a motorcycle dashed his motorcycle and looted his bag containing Rs 2 lakh on the point of weapon.

The main submissions advanced by Sri Sachida Nand Rai, the learned counsel appearing for the petitioner are that petitioner has got no criminal antecedent, he has been languishing in jail since 13.11.2021 and after his arrest, he was not put on test identification

Patna High Court CR. MISC. No.20844 of 2022(3) dt.13-09-2022 2/2 parade and his name transpires in the confessional statement of coaccused Vinod Kumar. Sri Ram Chandra Singh, learned APP appearing for the State has opposed the prayer for bail.

Heard both sides, perused the FIR and case diary of the case. The present case relates to loot and case diary goes to show that from the possession of this petitioner Rs 24000/- , Rs 2500/- of Nepali currency note and a motorcycle having no registration number were recovered and in the light of disclosure statement made by this petitioner, other co-accused were arrested and from their possession Rs 80,000/- and a bag were recovered and all these recovered articles were stated to be looted articles of the present matter. Considering these facts and mainly taking into account the recovery of looted money and motorcycle used in crime which was made from the possession of this petitioner and co-accused person in following with the disclosure statement made by this petitioner, this court is not inclined to enlarge the petitioner on bail and accordingly his prayer for bail stands rejected.

(Shailendra Singh, J) s.hassan/- U T