Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57344 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -SAHKUND District- BHAGALPUR ======================================================

1. Chandan Kumar son of Sahindra Singh @ Rajendra Singh, Resident of Village- Satghara, P.S.- Amarpur, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subodh Prasad For the Opposite Party/s : Mr. B.P. Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Sahkund (Sajour) P.S. Case No. 111 of 2015 registered under sections 328 and 394 of the Indian Penal Code pending in the court of the learned Sub-divisional Judicial Magistrate, Bhagalpur. It is contended that though the petitioner is named in the first information report, his name has been given on the basis of conversation made at the time of occurrence between the miscreants. It is further contended that due to highhandedness of the police, the petitioner has been made accused in the present case.

Learned counsel for the State has vehemently

Patna High Court Cr.Misc. No.57344 of 2015 (3) dt.05-02-2016 opposed the application for bail. He has contended that the petitioner is specifically named in the first information report and during investigation he had made disclosure on the basis of which looted truck was recovered from Beer Bhum (West Bengal). Regard being had to the gravity of the offences and the serious nature of allegation made against the petitioner, I am not inclined to grant bail to the petitioner. The application is, accordingly, rejected.

(Ashwani Kumar Singh, J) Amin/- U