Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35303 of 2021 Arising Out of PS. Case No.-514 Year-2020 Thana- MAHUA District- Vaishali ====================================================== Manoj Sah Son of Bhagwat Sah Resident of Village - Salempur, Dumaria, P.S.- Goraul (Kathara O.P.), Distt.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anirudh Kumar Sinha For the Opposite Party/s :

Mr.Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Mahua P.S. Case No. 514 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, while the informant was returning from Shradh ceremony on his motorcycle and reached near Vidya Vihar Public School two persons riding on one bike dashed his motorcycle and looted motorcycle, mobile phone and other belongings.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of petitioner has come during course of investigation on the basis of confessional statement of co-accused Suraj Kumar. No looted article has

Patna High Court CR. MISC. No.35303 of 2021(3) dt.25-01-2022 2/2 been recovered from possession of this petitioner. Petitioner has not been put on test identification parade. Petitioner is in custody since 25.11.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that looted Samsung mobile phone has been recovered from possession of this petitioner. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T