Subhash Kumar @ Mohan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39024 of 2021 Arising Out of PS. Case No.-138 Year-2020 Thana- TISIAUTA District- Vaishali ====================================================== SUBHASH KUMAR @ MOHAN Son of Lal Babu Choudhary Resident of Village- Bijhrauli, P.S.- Tisiauta, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramesh Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-02-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 392 of the Indian Penal Code.

As per the prosecution case, the two accused persons on a motorcycle with their faces covered are stated to have snatched Rs.1.07 lacs besides other articles as mentioned in the F.I.R. from the informant.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation on the basis of a suspicion and the prosecution is relying on the alleged confessional statement of the petitioner made before police. The petitioner has not been put on T.I. parade inspite of being in

Patna High Court CR. MISC. No.39024 of 2021(4) dt.23-02-2022 2/2 custody since 29.1.2021 and chargesheet has been submitted in the case. He has no criminal antecedent.

The application for bail is opposed by learned A.P.P. for the State who submits that in course of investigation, it has transpired that the driving license of the informant and other looted articles were recovered from the house of the petitioner. Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Liberty is granted to the petitioner to renew his prayer for bail after six months.

(Partha Sarthy, J) Saurabh/- U T