Prem Chand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23574 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== ASHUTOSH RANJAN @ CHHOTU SINGH S/O Arun Kumar Singh Resident of Village - Bangri, P.S. Baruraj, District - Muzaffarpur. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26887 of 2020 Arising Out of PS. Case No.-156 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== PREM CHAND KUMAR S/o Arun Paswan Resident of Village-Senduari, P.S.-Motipur, District-Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 23574 of 2020) For the Petitioner/s :
Mr.Sanjay Kumar @ S.K., Adv.
For the Opposite Party/s :
Mr. Narendra Kumar, APP (In CRIMINAL MISCELLANEOUS No. 26887 of 2020) For the Petitioner/s :
Mr.Sanjay Kumar @ S.K., Adv.
For the Opposite Party/s :
Mr. Chaubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2020 Heard Mr. Sanjay Kumar, learned counsel for the petitioners in both the aforesaid applications for bail, Mr. Narendra Kumar and Mr Chaubey Jawahar, Additional Public Prosecutors for the state through video conferencing.
2. Petitioners seek regular bail in connection with Kajra PS Case No. 156/2019 registered for the offence punishable under Section 392 of the Indian Penal Code.
Patna High Court CR. MISC. No.23574 of 2020(3) dt.06-11-2020 2/3
3. The allegation, as per First Information Report, is that in the afternoon on 18.06.2019, two persons barged into C.S.P Office and demanded a deposit slip and forcibly breaking the door entered into the C.S.P Office and on the gun point looted cash of Rs. 2,50,000/- which was kept in a bag and also looted mobile phone and other bank related documents from the informant.
4. Learned counsel for the petitioners submits that the petitioners are not named in the FIR and their names have transpired on the basis of confessional statement made by petitioner, Ashutosh Ranjan @ Chhotu Singh. Learned counsel further submits that no Test Identification Parade has been conducted as well as no incriminating material has been recovered from the possession of the petitioners.
5. On the other hand, learned counsel for the State referring to the case diary, submit that both the petitioners have criminal antecedents and no TIP was conducted but the informant has identified the accused persons.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that both the petitioners have got criminal antecedents, I am not inclined to grant regular bail to the petitioners at this
Patna High Court CR. MISC. No.23574 of 2020(3) dt.06-11-2020 3/3 stage. Accordingly, the prayer for bail of the petitioners is, hereby, rejected.
7. Petitioners, if so advised, may renew their prayer for bail after six months from today, if the trial does not show any progress.
(Anil Kumar Sinha, J) perwez U T