Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26859 of 2020 Arising Out of PS. Case No.-610 Year-2019 Thana- MAHUA District- Vaishali ====================================================== Raju Kumar, aged about 24 Years, (Male) Son of Gyaneshwar Paswan, Resident of Village- Kutubpur, Bajitpur, Police Station- Bidupur, DistrictVaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Singh For the Opposite Party/s :

Mr. Arun Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-10-2020 Heard Mr. Mukesh Kumar Singh, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Mahua P.S. Case No. 610 of 2019 registered for the offence under Section 394 of the I.P.C. and Section 27 of the Arms Act. The allegation as per the First Information Report is that while informant was going on his motorcycle he was intercepted by 03 miscreants, who fired upon the informant and snatched the motorcycle and other valuables. Due to the said firing made by the criminals, the informant received injuries on his wrist, stomach and thigh.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he is not named in the F.I.R. Learned counsel further submits that the fact of the matter is that the petitioner was found moving on the snatched motorcycle, which is the subject

Patna High Court CR. MISC. No.26859 of 2020(2) dt.20-10-2020 2/2 matter of this case along with one Aditya Thakur, for which Bidupur P.S. Case No. 433 of 2019 has been registered in which the petitioner has been released on bail. Learned counsel further submits that petitioner has been remanded in this case on the basis of his confessional statement in the present case on 10.01.2020 and since then he is in custody. Learned counsel further submits that no T.I.P. has been conducted by the Police despite the fact that petitioner is in custody since 10.01.2020 and except the motorcycle, which was recovered, there is no material against the petitioner to connect the petitioner with the present offence.

Having heard learned counsel for the parties and taking into consideration the materials available on record, I am not inclined to grant regular bail to this petitioner at this stage. Accordingly, the prayer for grant of regular bail stands rejected.

However, the petitioner may renew his prayer for bail after nine months if the trial does not show any progress. (Anil Kumar Sinha, J) praful/- U T