Anurag Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21877 of 2022 Arising Out of PS. Case No.-301 Year-2021 Thana- MINAPUR District- Muzaffarpur ====================================================== Anurag Kumar Son of Amrendra Rai @ Amindra Ray Resident of Village - Sadatpur, P.S.- Kanti, District - Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bipin Chandra, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-09-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Minapur P.S. Case No. 301 of 2022 lodged under Section 392 of the I.P.C.

As per the prosecution case, the present F.I.R. is related to robbery done with the informant in which pick-up of the informant along with Rs. 35,000/- and one Samsung Mobile have been taken by the 4 accused persons. Learned counsel for the petitioner submits that petitioner is innocent and he is unnecessary in custody since 04.03.2022. He submits that one mobile set belonging to

Patna High Court CR. MISC. No.21877 of 2022(3) dt.05-09-2022 2/2 informant was alleged to be recovered from the possession of the petitioner. He further submits that the antecedent of the petitioner is clean, charge-sheet has already been filed in this case. On the specific query that whether charge has been framed or not, the petitioner is not in a position to answer this question. Learned counsel for the State opposes the prayer for bail and submits that recovery of looted mobile has been made from the possession of the petitioner and his bail shall be granted, there is a chance of absconding.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner at this stage but he may renew his prayer for bail only after framing of charge. Upon move for bail after framing of charge, the trial court is directed to release the petitioner putting conditions so that he shall not evade from trial. With this observation, the bail application stands rejected.

(Dr. Anshuman, J) sadique/- U T