Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24471 of 2020 Arising Out of PS. Case No.-53 Year-2020 Thana- SHANKARPUR District- Madhepura ====================================================== Prince Kumar, S/o Pramod Yadav, Resident of Village- Kajra, P.S.- Sankarpura, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma, Advocate For the State :

Mr.Yogendra Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Shankarpur P.S. Case No. 53 of 2020 registered for the offence punishable under Section 394 of the Indian Penal Code. As per written report of the informant Rajesh Kumar being employee, Gas Agency, Singheshwar, on 10.05.2020 at about 05:30 P.M. in the evening, while the informant was returning Singheshwar after distribution of Gas Cylenders in area by TATA Magic, four bike-borne miscreants overtook nearby Puliya situated Sonbarsa-Lalpur Border and looted away a cash of Rs.24,960/- at the pistol point and used firearm over him causing injury and then, all the miscreants fled away. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. and petitioner has falsely

Patna High Court CR. MISC. No.24471 of 2020(4) dt.09-12-2020 2/3 been implicated in the present case merely on suspicion. It is also submitted by him that nothing has been recovered from the conscious possession of the petitioner. It is also submitted that the petitioner is not named in the F.I.R. No T.I. Parade has been held by the police as yet. He further submits that the petitioner remanded in this case on 13.05.2020.

Learned A.P.P. for the State has strongly opposed the prayer for bail.

I have perused the record including the case diary. The witnesses have supported the prosecution case. It appears that the petitioner is not named in the F.I.R. rat her the name of the petitioner has been surfaced after identification his photo captured in mobile by police when the informant came at the police station vide para-24 of the case diary. Allegation against the petitioner seems to be very serious one as in course of occurrence, the firearms was used by which the informant had sustained injury. Such type of road-robbery is rampant in Kosi region.

In the facts and circumstances of the case, I am not inclined to enlarge the above named petitioner on bail. Accordingly, the prayer for bail of the above named petitioner in connection with Shankarpur P.S. Case No.53 of 2020 pending in

Patna High Court CR. MISC. No.24471 of 2020(4) dt.09-12-2020 3/3 the court of learned C.J.M., Madhepura is hereby rejected at present.

(Anjani Kumar Sharan, J) Nasimul/- U T