Chandan Kumar Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36913 of 2021 Arising Out of PS. Case No.-976 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Chandan Kumar Mehta Son of Wakil Mehta Resident of Village Baijnathpur, P.S. Sour Bazar, District -Saharsha.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Ganesh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2021 This matter is taken up for consideration through Video Conferencing.

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

The petitioner seeks bail in Madhepura (Ghailarh) P.S. Case No. 976 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, four miscreants on the gun point looted the motorcycle of the informant. It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of petitioner has come in this case during course of investigation. No incriminating article has been recovered from conscious possession petitioner. Till date petitioner has not been put on test identification parade.

Patna High Court CR. MISC. No.36913 of 2021(2) dt.17-09-2021 2/2 Petitioner is in custody since 28.12.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that during course of investigation, looted article 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. However, once charge is framed and trial commences, the petitioner shall be released on bail by the learned trial court on its own satisfaction and on the condition that petitioner will cooperate in disposal of trial and appear before the court, as and when required.

(Prabhat Kumar Singh, J) vinita/- U T