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Patna High CourtCR. MISC./20916/2020dismissed

Shambhu Thakur @ Shambhu Kumar Thakur v. The State Of Bihar

2020-12-05Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20916 of 2020 Arising Out of PS. Case No.-154 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== SHAMBHU THAKUR @ SHAMBHU KUMAR THAKUR Son of Late Damodar Thakur Resident of Village-Tulsiya, Ward No.02, P.S.-Bihariganj, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Y. C. Verma, Senior Advocate with Mr.Rupesh Kumar For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 395 of the Indian Penal Code.

Allegedly, on the date of occurrence, in the night eight unknown criminals being armed with weapons came at the Petrol Pump of the informant and on the point of weapons, they assaulted the informant and staff of the Petrol Pump and out of them the informant identified one of the criminals as Shambhu Thakur (petitioner). There is recovery of Rs. 10,000/- from possession of the

Patna High Court CR. MISC. No.20916 of 2020(4) dt.05-12-2020 2/2 petitioner.

Earlier prayer for bail of the petitioner was rejected by this court vide Annexure-1 to the present application taking into account that the petitioner was identified by the informant at the place of occurrence itself while he was committing dacoity and the looted money was said to have been recovered from him. A report regarding the stage of the case was called for from the trial court. It has been reported that the trial is expected to be concluded within a period of six months.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the nature of allegation and stage of the case, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail of the petitioner in connection with Bihariganj P.S. Case No. 154 of 2019 is rejected.

The trial court is directed to take all necessary steps to conclude the trial preferably within a period of six months from the date of receipt/production of copy of the order. (Sudhir Singh, J) A.K.V.//- U T