Madan Sonar @ Manish Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35299 of 2024 Arising Out of PS. Case No.-330 Year-2023 Thana- SIMRI District- Buxar ====================================================== Madan Sonar @ Manish Verma, aged about 35 years, (male), Son of Late Sargu Sonar, Resident of village-Badka Diya, P.S. Krishna Brahm (Town), District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 31-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in a case registered for the offence under Sections 395 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of bank robbery wherein seven to eight persons came with covered faces and looted 19,48,000/-.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that no one has identified the petitioner and no test identification parade has been conducted by the investigating officer. He next submits that nothing has been recovered from the possession of the petitioner though in the seizure list, it has

Patna High Court CR. MISC. No.35299 of 2024(3) dt.31-07-2024 2/3 been shown that Rs.38,273/- has been recovered from the possession of the petitioner. He next submits that except the confessional statement of the co-accused, there is no material to suggest the petitioner to involve in the alleged offence. Petitioner is in custody since 28.12.2023.

5. Learned APP for the State opposes the prayer for bail of the petitioner.

6. On perusal of the first information report, case diary and impugned order dated 11.03.2024, it appears that the name of the petitioner has been disclosed by co-accused Arvind Ram @ Om Prakash Ram as mentioned in para-47 of the case diary and the main allegation against the petitioner is that on 20.09.2023 at about 15.59 O'clock, 7-8 accused persons armed with deadly weapon and committed dacoity by covering their face by Gamchha and helmet, entered in Punjab National Bank, Badka Sinhanpura, Branch and Rs.19,48,000/- has been taken away by the accused and the petitioner is also having thirteen criminal antecedents as mentioned in para-3 of the petition registered under various Sections of the IPC and Arms Act, i.e., 395, 392, 411, 394 and 412 and 25 (1-B)(a) and 26(2) of the Arms Act as also the witnesses have supported the case of the prosecution as mentioned in the case diary, considering which, I

Patna High Court CR. MISC. No.35299 of 2024(3) dt.31-07-2024 3/3 am not inclined to grant bail to the petitioner.

7. Prayer for regular bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T