Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28801 of 2020 Arising Out of PS. Case No.-11 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== RABINDRA KUMAR Son of Arbind Singh @ Arbind Kumar Singh Resident of Village - Khilbat, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Adv.

For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-12-2020 Heard the learned counsel for the petitioner and Md. Shakir Ahmad, the learned APP for the State.

The petitioner seeks regular bail in connection with Bidupur P.S. Case No. 11 of 2020, registered for the offence punishable under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1-B)a, 26, 35 of the Arms Act.

The allegation is regarding the police having received secret information on 11.01.2020 at about 21:00 hours that some miscreants had assembled near Dilawar Chowk at station road and were planning to commit some crime, whereafter,

Patna High Court CR. MISC. No.28801 of 2020(3) dt.01-12-2020 2/3 the informant along with other police officials had reached at the place of occurrence and conducted a raid as also had apprehended some miscreants, while the other miscreants had fled away. It is further alleged that on search, one country made pistol, cartridges, mobile phones etc. were recovered from the apprehended miscreants and they disclosed the name of the petitioner and one another, who are stated to have escaped from the spot and were also carrying arms. The police had also recovered three motorcycles from the spot, however, no documents of the motorcycles could be produced, upon being demanded by the police from the apprehended miscreants and instead, they disclosed that they along with the petitioner herein used to engage in criminal activities and sell the stolen motorcycles.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and it is languishing in custody since 16.05.2020.

Per contra, the learned APP has vehemently

Patna High Court CR. MISC. No.28801 of 2020(3) dt.01-12-2020 3/3 opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that prima facie, the petitioner is having complicity in the matter as is apparent from a bare perusal of the FIR and moreover, he is a veteran criminal inasmuch as he is an accused in 10 other criminal cases, I do not find the present case to be a fit case for grant of bail, hence, the present petition stands dismissed.

(Mohit Kumar Shah, J) Ajay/- U T