Patna High CourtCR. MISC./29998/2020bail rejected

Rahul Kumar v. The State Of Bihar

2021-02-23Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29998 of 2020 Arising Out of PS. Case No.-163 Year-2019 Thana- DIDARGANJ District- Patna ====================================================== RAHUL KUMAR aged about 32 years Son of Shivji Singh Resident of - Raghopur, Police Station- Jurawanpur, District-Vaishali ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sayed Imran Ghani, Advocate For the Opposite Party/s :

Mr. Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-02-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Didarganj Police Station Case No. 163 of 2019 registered for the offences punishable under section 394 of the Indian Penal Code. As per the prosecution case, accused persons put arms on the head of the informant and his family members and snatched a gold chain, bracelet, about Rs.29,000/- cash, ear ring, mangalsutra, mobile phone, etc. from them when they were coming on Swift Dezire car.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has bee made accused in the instant case on the basis of confessional statement of coaccused Guddu Kumar in Bakhtiyarpur Police Station Case No. 169 of 2019 and thereafter he has been remanded in this case.

Patna High Court CR. MISC. No.29998 of 2020(4) dt.23-02-2021 2/2 No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 26.9.2019.

Learned counsel for the State opposes the prayer for bail and submits that petitioner has been identified by the sister of the informant as one of the miscreants who committed the aforesaid crime. Charge sheet has already been submitted for the offence under section 395 of the Indian Penal Code. Petitioner bears the criminal antecedent as per paragraph 3 of the bail petition.

In view of the fact that the petitioner is said to have been identified by the informant's sister and he bears criminal antecedent, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T