Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42004 of 2016 Arising Out of PS.Case No. -146 Year- 2016 Thana -DURGAWATI District- BHABHUA (KAIMUR) ====================================================== Anuj Kumar, son of Jang Bahadur Singh, resident of Village- Ramgarh, P.S.- Ramgarh, District- Kaimur at Bhabua.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Pawan Kumar Singh, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-12-2016 Heard both sides.

The petitioner seeks bail in Durgawati P.S. Case No. 146/2016 registered under Section 394 of the Indian Penal Code. Later on, Section 411 of the Indian Penal Code was added. The informant alleged that he along with his friend Md. Israr Kuraishi and Khurshid Kuraishi proceeded on a pick-up van bearing registration no. UP65BT0014 with animals. The animals were unloaded near the house of Javed Kuraishi, who paid him Rs. 1,25,000/-. The informant handed over Rs. 1,00,000/- to Khurshid Kuraishi. When the informant reached near Durgawati Mandir near Khajura NH 2, one TAVERA vehicle intercepted the vehicle of the informant and assaulted the informant and others and the accused person also started driving the vehicle of the informant. The accused persons assaulted the informant and looted

Patna High Court Cr.Misc. No.42004 of 2016 (3) dt.06-12-2016 2/3 away money and mobiles of the informant and his friend. The informant disclosed the colour of TAVERA and also disclosed the vehicle number. The police intercepted the TAVERA vehicle from which the petitioner and others were apprehended and the looted mobile and money were recovered from the possession of the petitioner and other accused persons, who were driving the TAVERA bearing registration no. BR 01PB 5780.

Learned counsel for the petitioner submits that the petitioner was not put on T.I.P. but from the facts aforesaid, it appears that the informant disclosed the registration number of the TAVERA vehicle by which the accused persons were travelling and committed highway robbery. It was the petitioner, who was driving the aforesaid TAVERA vehicle and from the possession of the petitioner, the mobile (which was looted from the informant) was recovered with the same SIM number and the looted money was also recovered from other accused persons, who were travelling in the same TAVERA vehicle.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Durgawati P.S. Case No. 146/2016. Accordingly, the same is rejected.

The trial court is directed to hold the trial and

Patna High Court Cr.Misc. No.42004 of 2016 (3) dt.06-12-2016 3/3 conclude the same within nine months from the date of receipt / production of this order.

The Senior Superintendent of Police, Kaimur at Bhabua is directed to ensure the attendance of all the prosecution witnesses of Durgawati P.S. Case No. 146/2016 in the court of the learned Chief Judicial Magistrate, Kaimur at Bhabua on the date fixed so that the trial must be concluded within nine months. (Prabhat Kumar Jha, J) Dilip/- U T