← Library
Patna High CourtCR. MISC./47893/2016rejected

Seraj v. The State Of Bihar

2016-11-11Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47893 of 2016 Arising Out of PS.Case No. -120 Year- 2016 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Seraj Son of Azad Hussain Resident of Village Mohazama, P.S. Paroo, District Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Nitu Kumari For the Opposite Party/s : Mr. Sri Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 11-11-2016 Heard both sides.

The petitioner is facing prosecution under Section 392 of the IPC vide Paroo P.S. case No. 120 of 2016. When the informant was proceeding on a motorcycle, it is alleged that he was overtaken by another motorcycle which dashed against his motorcycle, as a result whereof, he fell down and thereafter, it is alleged that at gun point the occupants of the motorcycle looted the cash, mobile etc. The villagers immediately assembled and disclosed that the occupants of the motorcycle was the petitioner and two others. Learned counsel submits that the petitioner is a social worker and, therefore, out of animosity the villagers have named him. He has no criminal antecedents. It is further

Patna High Court Cr.Misc. No.47893 of 2016 (2) dt.11-11-2016 2/2 highlighted that he is in custody since 17.07.2016. Learned APP for the State, on the other hand, submits that in course of investigation some witnesses have supported the prosecution case.

Looking to the nature of the allegations and other materials reflected from the record, I am not persuaded to enlarge the petitioner on bail at this stage. Rejected. (Kishore Kumar Mandal, J) Shyam/- U T