Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25801 of 2020 Arising Out of PS. Case No.-25 Year-2020 Thana- GHORASAHAN District- East Champaran ====================================================== ABHISHEK KUMAR Son of Awadhesh Mandal Resident of Village- Bataua, P.S.- Shikarganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the parties.

This application for regular bail arises out of Ghorasahan P.S. Case No. 25 of 2020, disclosing the offence punishable under Sections 420, 120-B, 392 of the Indian Penal Code.

The petitioner is in custody since 23.01.2020. It is alleged in the FIR that the informant's scorpio vehicle was looted away by the miscreants in broad day light after duping the driver of the vehicle. The miscreants were occupying the scorpio vehicle and in the pretext of answering the call of nature they got the vehicle stopped at a desolate place and thereafter took away the vehicle. It transpires that the driver of the vehicle had learnt the petitioner's mobile number, which was disclosed

Patna High Court CR. MISC. No.25801 of 2020(4) dt.02-12-2020 2/2 to the police. The petitioner was subsequently apprehended and from his personal possession, a mobile phone containing SIM of the same number, as was disclosed by the driver, was recovered by the police. On the basis of confession made by the petitioner, the looted vehicle was recovered. The petitioner's father himself is seizure-list witness, as is evident from the FIR. Considering the gravity of the offence and nature of incriminating materials available against the petitioner, I am not inclined to grant him privilege of regular bail for the present. This application is accordingly rejected.

It is directed that defects in the application pointed out by the Registry must be removed within two months from today.

(Chakradhari Sharan Singh, J) Rajesh/- U T