Rudal Rai @ Krishna Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47965 of 2016 Arising Out of PS.Case No. -171 Year- 2014 Thana -HAZIPUR INDUSTRIAL DistrictVAISHALI(HAJIPUR) ====================================================== RUDAL RAI @ KRISHNA MOHAN KUMAR, Son of Raj Kumar Rai Resident of Village- Anvarpur, P.S.- Hazipur Town, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Vibhakar Kumar, Advocate For the Opposite Party : Mr. Sri Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 17-11-2016 Heard the learned counsel for the petitioner and Mr. Sanjay Kumar Singh, learned APP for the State. Petitioner prays for bail in Industrial Area P.S.Case No.171 of 2014 registered under Sections 394 and 307 of the IPC. On going through the First Information Report, it appears that the accused persons riding a motorcycle in a planned manner, robbed a bag containing two lacs and odd amount under threat to life inasmuch as firings were resorted firstly to deter the informant and then to the persons of the locality who offered chase to the motorcycle on which the accused made their escape good. Contention of the petitioner is that there has been no recovery of stolen cash inasmuch as he is not named in the first

Patna High Court Cr.Misc. No.47965 of 2016 (2) dt.17-11-2016 2/2 information report. Petitioner is in custody since 17.03.2016. Mr. Sanjay Kumar Singh, learned Additional P.P. opposed the prayer and submits that not only in course of investigation, the witnesses have supported the prosecution case but also the petitioner has criminal antecedent of having committed offence of identical nature.

Considering the facts and circumstances of the case, the Court is not inclined to extend him the privilege of bail. Prayer is, accordingly, rejected.

However, the petitioner may renew his prayer for bail, if the trial is not concluded within seven months from the date of receipt/communication of the order.

(Kishore Kumar Mandal, J) B.Kr./- U T