Krishna Murari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33852 of 2024 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Krishna Murari Son Of Jitendra Prasad Resident Of Village-Jalalpur, P.SMaranchi, District-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Onkar Nath, Advocate For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP For the Informant :

Mr. Bipin Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner, learned counsel for the informant, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in Barbigha P.S. Case No. 531 of 2023, instituted for the offences punishable under Section 395 of the Indian Penal Code.

3. The prosecution case, in short, is that, the informant is the Area manager of Ashirvad Micro Finance Ltd. and he is posted at Akhorigola. It is alleged that some unknown persons attacked his Branch and looted away gold, Cash of Rs. 2,11,245/- and other articles.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.33852 of 2024(4) dt.02-08-2024 2/3 present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner along with other co-accused during course of investigation made confession in the commission of the offence and stated that the looted gold articles have been kept in the rented house and accordingly certain gold articles were recovered. The articles were recovered elsewhere but the investigating officer has shown that the said articles were recovered from the residence of the petitioner. Learned counsel for the petitioner lastly submitted that no T.I. parade has been conducted in this case. The petitioner is in custody since 22.12.2023 and has got no criminal antecedent.

5. Learned counsel for the informant and learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned counsel for the informant also submitted that the trial is in progress and the robbed articles were recovered from the house of the petitioner. The petitioner has also confessed that he along with other co-accused persons had committed the robbery in the branch office at Barbigha. Hence, in view of the nature of allegation, the petitioner does not deserve the privilege of bail.

Patna High Court CR. MISC. No.33852 of 2024(4) dt.02-08-2024 3/3

6. Considering the nature of accusation and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected.

(Rudra Prakash Mishra, J) Rajorshi/- U T