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Patna High CourtCR. MISC./22665/2019bail rejected

Vivek Yadav v. The State Of Bihar

2019-08-07Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22665 of 2019 Arising Out of PS. Case No.-324 Year-2018 Thana- JHAJHA District- Jamui ====================================================== Vivek Yadav, aged about 23 years, S/o Late Munna Yadav, Resident of village-Ratara, P.O. + P.S-Ratara, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-08-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Jhajha P.S. Case No. 324 of 2018 registered for the offences punishable under Sections 394/302 of the Indian Penal Code. The prosecution case, inter alia, is that one loot was committed on 24.08.2018 when the informant's mother along with her daughter and son-in-law was coming from motorcycle, after withdrawing the money from the Bank, two unknown miscreants snatched the bag of informant's mother with two mobiles, Pan Card etc. It is further alleged that during the course of occurrence, his mother an sister fell down and his mother carried to hospital where she died.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.22665 of 2019(5) dt.07-08-2019 2/2 the petitioner is not named in the F.I.R. and nothing incriminating article has been recovered from his possession. He has not been put on T.I. Parade.

From paragraphs 40 and 41 of the case diary, learned A.P.P. has submitted that the mobile and money have been recovered from the possession of the petitioner and seizure list also prepared by the police, which is mentioned in paragraph-41 of the case diary. Hence, it is not a fit case for grant of regular bail.

In the facts and circumstances of the case, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for regular bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) Nasimul/- U T