Prabhu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35280 of 2022 Arising Out of PS. Case No.-24 Year-2022 Thana- UPHARA District- Aurangabad ====================================================== Prabhu Kumar Son Of Ramanuj Sharma, Resident of Village- Pipra, P.S.- Jamhor, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jitendra Kumar Sagar, Advocate Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual mode.

The petitioner seeks regular bail in connection with Uphara P.S. Case No. 24 of 2022 lodged under Section 392 of the Indian Penal Code.

The allegation of robbery is there in the F.I.R. against 2 known accused persons including the present petitioner. It has been alleged in the F.I.R. that the said two accused persons have stopped the informant and his cousin and taken Rs.150/- from his pocket and one Airtel sim and Rs.500/- from the pocket of informant's cousin. By the effort of the informant and his cousin, the said two persons were caught by them, who disclosed their name.

Patna High Court CR. MISC. No.35280 of 2022(2) dt.16-09-2022 2/2 Learned counsel for the petitioner submits that the petitioner is apprehended on the spot and from recovery more money than looted has been recovered from their possession and other materials have also been recovered. Learned counsel for the petitioner further submits that petitioner is in custody since 17.04.2022 having clean antecedent and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances that petitioner has caught raid handed from the place of occurrence by the effort of the informant, I am not inclined to grant bail to the petitioner at present but he may renew his prayer for bail after framing of charge and upon move before the Trial Court, the Trial Court shall release the petitioner on bail on its own conditions so that petitioner shall not evade his appearance during trial.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) ravishankar/- U T