Mukesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24254 of 2020 Arising Out of PS. Case No.-325 Year-2019 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Mukesh Rai S/o Bharat Ray R/o village- Madhopur Hazari, P.S.- Sahebganj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Sahebganj P.S. Case No. 325 of 2019 registered for the offence under Section 392/34 of the Indian Penal Code.

As per prosecution case, while the informant was in his house, three unknown miscreants committed robbery on the point of pistol and took away Rs. 2,000/- cash, mobile, ATM card and a motorcycle.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. Name of petitioner has come on the basis of confessional statement of co-accused. No incriminating article has been recovered from the possession of the petitioner. Petitioner has not been put on TIP till date and he has been

Patna High Court CR. MISC. No.24254 of 2020(3) dt.09-11-2020 2/2 remanded in this case on 11-10-2019.

However, learned A.P.P. for the State has vehemently opposed the bail application and submitted that petitioner has got criminal antecedent, as stated in paragraph - 3 of the petition, and this petitioner alongwith other co-accused have committed several offences and appears to be habitual offender. Considering the aforesaid facts and circumstances, the bail application of petitioner stands rejected. (Prabhat Kumar Singh, J.) anay/- U T