Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 24591 of 2020 Arising Out of PS. Case No.-62 Year-2019 Thana- SAHIYARA District- Sitamarhi ====================================================== SUNNY KUMAR Son of Lakshman Singh Resident of Village- Misriya Tola (Sahiyara), P.S.- Sahiyara, District- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Birendra Kumar, Advocate For the Opposite Party/s :

Mr Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-09-2020 As of now, the Courts have not resumed normal physical hearing. The matter has been listed today for consideration through Video Conferencing.

Learned counsels 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 the learned APP for the State.

The petitioner seeks bail in Sahiyara Police Station (for brevity, PS) Case No 62 of 2019 dated 05.07.2019 instituted for the offence punishable under Section (s) 394 of Indian Penal Code and Section 27 of Arms Act.

Patna High Court CR. MISC. No.24591 of 2020(2) dt.21-09-2020 2/2 Unknown miscreants have allegedly looted cash of Rs 4,20,000/- on pistol point from the informant. Petitioner's counsel submits that the petitioner is not named in the first information report and has been implicated merely on the basis of suspicion. No Test Identification Parade has been done and the petitioner is in custody since upon his remand in the instant case from Majorganj PS Case No 216 of 2019 since 24.01.2020.

The learned APP for the State has opposed the prayer for bail referring to various paragraphs of the case diary, taken note of in the order of rejection by the Court below. It is submitted that six cases are pending against the petitioner from before and it is not a case for grant of bail to the petitioner as witnesses have supported the involvement of the petitioner in the offence, apart from his confessional statement.

Considering the rival submissions, this Court, for the present, is not inclined to allow the petitioner's prayer for bail. The same is rejected.

(Madhuresh Prasad, J) M.E.H./- U T