Navin Kumar @ Navin Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30408 of 2020 Arising Out of PS. Case No.-41 Year-2020 Thana- PATEPUR District- Vaishali ====================================================== Navin Kumar @ Navin Kumar Rai, Son of Ramesh Rai, Resident of VillageLakhnipur Maudah, P.S.- Patepur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-12-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Patepur P.S. Case No.41 of 2020 registered for the offence punishable under Section 392 of the I.P.C., which is pending in the court of learned Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.30408 of 2020(3) dt.22-12-2020 2/3 XIV, Vaishali at Hajipur.

Four lacs rupees is alleged to have been looted by two unknown miscreants, who have intercepted the informant while he was moving on a motorcycle along with cheque book, Aadhar card, Votor's Card etc.

Petitioner's counsel submits that the petitioner has falsely been implicated in this case. It is submitted that the petitioner was earlier an accused in another case for the alleged offence under the SC/ST Act. It is also submitted that the recovery of Rs.30,000/- in cash is falsely taken to be the part of the looted money whereas it was the petitioner's bona fide possession. Recovery of votor's card is denied and disputed. He is in custody since 16.03.2020.

Learned APP for the State submits that apart from recovery of Rs.30,000/- of the looted amount and votor's I.D. card, in the investigation, mobile tower location of the petitioner near the place of occurrence has also been found. Considering the rival submissions, this Court, for the present, is not inclined to allow the petitioner's prayer for bail. The same is rejected.

Liberty, however, is granted to the petitioner to approach this Court after framing of charges.

Patna High Court CR. MISC. No.30408 of 2020(3) dt.22-12-2020 3/3 This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T