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Patna High CourtCR. MISC./1947/2016rejected

Narendra Kumar Singh And ANR v. The State Of Bihar

2016-02-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1947 of 2016 Arising Out of PS.Case No. -147 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Narendra Kumar Singh S/o Late Ramnath Singh

2. Shivjee Singh S/o Kailash Singh Both are resident of village- Dhanauti, P.s.- Sukhpura, District- Baliya (U.P.).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Singh For the Opposite Party/s : Mr. Mustaque Alam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-02-2016 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. The present case was lodged against unknown when the driver of the informant got missing along with tractor bearing Registration No. BR24 G-6102 but in course of investigation it came to light that petitioners and two others were caught with stolen tractor by U.P. police and after that investigating officer went to Garhwar police station and verified the aforesaid fact which is evident from perusal of para-20 of the case diary and subsequently, the dead body of driver of the aforesaid tractor was recovered.

Learned counsel for the petitioner submits that even

Patna High Court Cr.Misc. No.1947 of 2016 (3) dt.19-02-2016 2/2 if the aforesaid facts assumed to be true, then also, there is nothing on the case diary to show that driver of the said tractor was killed by the petitioners and it is only stated that petitioners attempted to sell the stolen tractor.

Although, learned counsel for the petitioners tried to convince me but I am not, at all, convinced with the aforesaid submission and accordingly, the prayer for bail of the petitioners in connection with Nokha P.S. Case No. 147 of 2015 pending in the court of Chief Judicial Magistrate, Sasaram stands rejected. (Hemant Kumar Srivastava, J) SHAHZAD/- U T