Subhash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32664 of 2020 Arising Out of PS. Case No.-143 Year-2020 Thana- PIPRA District- Supaul ====================================================== SUBHASH KUMAR S/o Prabhu Yadav Resident of Village-Bagewa, P.S.- Kishanpur, District-Supaul.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Section 392 of the Indian Penal Code. Prosecution case as lodged by the informant is that after withdrawal of cash from the ATM when he was returning home, one black Apache without number plate came there in which there are three riders. It is alleged that on pistol point, they have looted total money, two mobile, ATM card and Adhar Card and also key of motorcycle.

It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR and he has been implicated in this case on the basis of confessional

Patna High Court CR. MISC. No.32664 of 2020(3) dt.19-01-2021 2/2 statement of co-accused namely Amit Kumar. He further submits that the petitioner is in custody since 14.06.2020 without any fault.

However, learned APP for the State vehemently opposes the prayer for bail and submits that there is recovery of SBI, ATM card and PAN Card from the possession of the petitioner as stated in para-22 of the case diary. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his payer for bail is rejected at present in connection with Pipara P.S. Case No. 143 of 2020 pending before the court of the learned C.J.M., Supaul.

Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T