Bablu Kumar @ Bablu Yadav @ Bablu Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19954 of 2016 Arising out of PS.Case No. -122 Year- 2015 Thana -BITHAN BAZAR District- SAMASTIPUR ====================================================== Bablu Kumar @ Bablu Yadav @ Bablu Kumar Yadav, Son of Upendra Yadav, resident of village- Karanchi, P.S.- Bithan, District- Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ramakant Sharma, Sr. Advocate. For the Opposite Party : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-07-2016 Heard learned senior counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 23.11.2015 in connection with Bithan P.S. Case No. 122 of 2015 for the offences instituted under Section 392 of the IPC. The prosecution story, in brief, is that this petitioner alongwith other criminals looted Rs. 5,35,000/- from the informant Raja Kumar, an agent of S.B.I. Customer Service Centre. The criminals were riding on Fazer Motorcycle, and they assaulted the informant Raja Kumar and on the point of pistol snatched bag containing Rs. 5,35,000/- and fled away from there. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.11.2015 and the charge sheet has

Patna High Court Cr.Misc. No.19954 of 2016 (3) dt.18-07-2016 2/2 been submitted in the present case. There is no allegation of tampering with the evidence against the petitioner. He has falsely been implicated in the present case. There is no recovery of any incriminating article from possession of the petitioner. On behalf of the State it has been submitted that the petitioner is named in the F.I.R. and he was identified by the informant at the place of occurrence itself. He has got no criminal antecedent.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected in Bithan P.S. Case No. 122/2015, pending in the court of the learned A.C.J.M., Rosera, Samastipur. Anyhow, the trial court is directed to take all necessary steps to conclude the trial preferably within a period of nine months from the date of receipt/production of copy of this order.

U.K./- (Sudhir Singh, J) U T