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Patna High CourtCR. MISC./39548/2024bail rejected

Bittu Kumar v. The State Of Bihar

2024-06-03Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39548 of 2024 Arising Out of PS. Case No.-41 Year-2024 Thana- GURARU District- Gaya ====================================================== Bittu Kumar S/o Ravindra Ram R/o Village-Angra,P.S.-Anti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 03-06-2024

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Guraru P.S. Case no.41 of 2024 registered under section 392 of the Indian Penal Code.

3. As per the prosecution case, the informant states that two unknown accused persons on a motorcycle snatched his mobile phone and escaped.

4. Learned counsel for the petitioner submits that the F.I.R. was registered against unknown. The name of the petitioner transpired in course of investigation when it was falsely alleged that the stolen mobile phone was recovered from his possession. No incriminating article has been recovered from the petitioner's possession who is in custody since 18.3.2024 and the cause of his false implication is his

Patna High Court CR. MISC. No.39548 of 2024(2) dt.03-06-2024 2/2 antecedents.

5. The application for bail is opposed by learned A.P.P. for the State who submits that as per the seizure list, the stolen mobile phone has been recovered recovered from the possession of the petitioner.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the recovery of the stolen mobile phone from the petitioner's possession and the petitioner having antecedents as stated in the petition, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing six months in custody. (Partha Sarthy, J) Saurabh/- U T