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Patna High CourtCR. MISC./18536/2020dismissed

Sonu Kumar v. The State Of Bihar

2020-07-06Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 18536 of 2020 Arising Out of PS. Case No.-117 Year-2019 Thana- JAMALPUR RAIL P.S. DistrictLakhisarai ====================================================== Sonu Kumar, aged about 20 years, Gender - Male, S/o Suresh Das, R/o village- Khajuriya Mahgawan, P.S.- Laraiya Tand (Dharhara), DistrictMunger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan, Advocate For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with G.R.P. Jamalpur P.S. Case No. 117 of 2019 registered for the offences punishable under Sections 394, 411 of the Indian Penal Code and Section 27 of the Arms Act.

The prosecution story is based on fardbyan of the informant namely Parvin Kumar recorded by the S.I. Purnendu Kumar Sinha on 12.10.2019 at 10.30 hrs. at Dharhara Railway Station, Plat Form No.1. It is stating therein that he is working at the show-room of Hero Agency, Munger and his work as delivered the motorcycle and collected the money. It is further stated that on 12.10.2019 at 03.30 a.M. morning on the order of Company, he along with 9 persons went to deliver motorcycle at Arti Honda, Jamui, thereafter, the owner of the said Agency gave case Rs.4 Lac and a cheque of Rs.1 Lac 70 thousand for deposing at show-room of Munger.

Patna High Court CR. MISC. No. 18536 of 2020(4) dt.06-07-2020 2/2 Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that earlier the petitioner's motorcycle has stolen by unknown persons so this petitioner has lodged a case, after that for save of skin of the informant has concocted this case against this petitioner. He further submits that no any incriminating article or cash of rupees has been recovered from the physical or conscious possession of the petitioner. Except the suspicion, nothing against the petitioner.

Learned A.P.P. for the State has opposed the prayer for bail. From perusal of gthe impugned order and the case diary, it is apparent that there is recovery of one country made pistol and a cartridge and one mobile and bag of cash of Rs.4 Lac with Cheque has been recovered from possession of the petitioner. In the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail bail of the petitioner in connection with G.R.P. Jamalpur P.S. Case No.117 of 2019 is hereby rejected at present. (Anjani Kumar Sharan, J) Nasimul/- U T