Tarun Kumar @ Bishu @ Bishnu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38213 of 2021 Arising Out of PS. Case No.-320 Year-2020 Thana- DARBHANGA District- Darbhanga ====================================================== TARUN KUMAR @ BISHU @ BISHNU Son of Ashok Sah Resident of Village- Lohagir, Police Station- Ujiyarpur, Ditrict-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jaggarnath Singh, Adv.

Mr. Navnit Kumar, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-04-2022 Heard Mr. Jaggarnath Singh, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Town PS Case No. 320/2020 registered for the offence punishable under Section 395 and 397 of the IPC.

The prosecution story in a nutshell is that in the morning of 09.12.2020 at about 10.35 AM, the informant opened his jewelry shop, in the meantime, five miscreants entered into the shop and on the gun point looted away jewelry, cash etc., of Rs. 5.5 Crores.

Learned counsel for the petitioner submits that the petitioner has been running a jewelry shop and he has been made an accused on the basis of confessional statement and on

Patna High Court CR. MISC. No.38213 of 2021(4) dt.05-04-2022 2/3 the basis of recovery of 71 pieces of stolen/looted diamond as well as 60 Grams of gold biscuits etc., from the shop of the petitioner. However, the submission is that as per seizure made in the FIR 51 pieces of diamond were looted from the jewelry shop of the informant whereas 71 pieces of diamond has been recovered, as such, the same cannot be said to be the looted property.

Learned counsel next submits that the petitioner having no criminal antecedent is in custody since 07.01.2021 and the charge-sheet has been submitted in the matter. Learned counsel further submits that some of the accused persons, from whose possession recovery was made, have been granted bail by the learned lower court itself.

Regards being had to the submissions made by the parties and taking into consideration the fact that recovery of looted gold biscuits, diamond pieces have been made on the basis of confessional statement of the petitioner, accordingly, I find, prima facie, evidence against the petitioner and this Court is not bound by the order passed by the learned court below, I am not inclined to grant regular bail to the petitioner. The same is, hereby, rejected.

Petitioner, if so advised, may renew his prayer for bail

Patna High Court CR. MISC. No.38213 of 2021(4) dt.05-04-2022 3/3 after six months from today, if the trial does not make any substantial progress.

(Anil Kumar Sinha, J) perwez U T