Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23503 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== CHANDAN KUMAR S/o Ashok Bhagat Resident of Village- Bagdov, P.S.- Nayagaon, Distt- Begusarai (Bihar) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Lokesh For the Opposite Party/s :

Ms. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 15-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsel are appearing and making submissions from their residence. The Court master and Secretary are also part of this virtual Court proceedings with the aid of audio visual technology.

Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Barauni (FCI OP) P. S. Case

Patna High Court CR. MISC. No.23503 of 2020(2) dt.15-09-2020 2/2 No.11 of 2020 instituted for the offence under Section(s) 394 of the Indian Penal Code.

The allegation is that three persons had come to the petroleum dealership. They have indulged in loot and assaulted by means of butt of pistol on the head of the informant. The petitioner's counsel submits that it is a case of false implication. The description of the culprits does not match its CC TV footage. The CC TV footage said to form the basis of his identification does not form part of the Case diary. It is further submitted that he is in custody since 16.01.2020. The learned APP has opposed the prayer for bail. It is submitted that there is also another case pending against the petitioner since before. It is further submitted that the petitioner has been identified in the CC TV footage as one of the culprits. In view of such rival submissions, this Court, for the present, is not inclined to grant the benefit of bail. He may approach this Court after framing of the charge. Prayer is rejected.

(Madhuresh Prasad, J) shyambihari/- U T