Bodh Sagar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32976 of 2021 Arising Out of PS. Case No.-167 Year-2020 Thana- AMAS District- Gaya ====================================================== BODH SAGAR Son of Hira Ram Resident of Village - Pasewa, P.S.- Imamganj, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr.Adv.

: Mr.Bachan Jee Ojha, APP For the Opposite Party/s :

Mr.Aditya Narayan Singh No.1,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Amas P.S.Case No.167 of 2020 registered for the offence under Sections 394,302,34 of IPC and Section 27 of Arms Act. The prosecution case, in short, is that on 13.08.2020 informant Chandan Kumar stated in ferdbeyan that petitioner of this case and others have intercepted their vehicle in which they have kept Rs.5,88,000/-, they were returning from different shops after supplying brass and bronze utensils, while he and

Patna High Court CR. MISC. No.32976 of 2021(5) dt.28-02-2022 2/3 deceased Pankaj and Chandan Kumar proceeding towards Imamganj accused persons started making demand of money from them out of which a scuffle took place during course of which they shot dead Pankaj Kumar and his brother Chandan Kumar and further took away some money and mobile phone kept in the dickey of the vehicle.

Learned counsel for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. Petitioner is not named in the FIR. He further submits that the name of the petitioner has transpired on the basis of confessional statement of co-accused, namely, Amarjeet Kumar Thathera. Petitioner is in custody since 22.08.2020.

Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner on the basis of the material available on the record and the case diary and submits that the information and identified the petitioner in T.I. Parade. He further submits that on the disclosure made by the petitioner the incriminating article including revolver has been recovered. Considering the aforesaid fact, I am not inclined to enlarge the petitioner on bail in connection with Amas P.S.Case No.167 of 2020 pending in the court of learned C.J.M., Gaya.

Patna High Court CR. MISC. No.32976 of 2021(5) dt.28-02-2022 3/3 Prayer is refused.

Learned Trial Court is directed to expedite the trial. (Rajesh Kumar Verma, J) Nitesh/- U T