Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18910 of 2022 Arising Out of PS. Case No.-324 Year-2021 Thana- DIGHA District- Patna ====================================================== Rohit Kumar, S/O- Late Shoshu Chaudhari @ Shankar Chaudhari, R/O - Gandhi Gali, Digha Chauhatta, Digha Ghat Chauhatta, P.S.- Digha, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect (s), as pointed out by the office, be removed within a period of four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Digha P.S. Case No. 324 of 2021, registered for the alleged offences under Section 392 of the Indian Penal Code.

As per the prosecution case, three named co-accused persons stopped the vehicle of the informant and demanded him the money which he was carrying in a bag. A scuffle took place and three miscreants joined the named co-accused persons

Patna High Court CR. MISC. No.18910 of 2022(2) dt.08-08-2022 2/3 and looted Rs.2,30,000/-, Purse, Adhar Card and Driving licence.

The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. He has been named in this case on the basis of confessional statement of coaccused Bablu Kumar. The petitioner was arrested and Rs.5,000/- and a driving licence belonging to the informant have been recovered from his possession. The petitioner denies the recovery and submits that no incriminating article has been recovered from his conscious possession. Till date, no Test Identification Parade has been conducted and the petitioner is in custody since 17.07.2021. The charge sheet has been submitted in this case.

Learned APP opposes the prayer for bail submitting that recovery of a driving licence of the informant has been made from this petitioner apart from Rs. 5,000/- of the looted money.

Perused the records.

Having regard to the facts and circumstances and submissions made hereinabove and also considering the recovery of the driving licence of the informant from the petitioner showing his involvement in the occurrence, I am not

Patna High Court CR. MISC. No.18910 of 2022(2) dt.08-08-2022 3/3 inclined to enlarge the petitioner on bail at this stage. Accordingly, his prayer for bail is rejected. However, learned trial court is directed to expedite the trial and conclude the same within nine months. (Arun Kumar Jha, J) V.K.Pandey/- U T