Jawala Prasad @ Jawala Prakash @ Gopal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35532 of 2020 Arising Out of PS. Case No.-468 Year-2019 Thana- GARKHA District- Saran ====================================================== Jawala Prasad @ Jawala Prakash @ Gopal son of Lal Babu Gupta Resident of Muhalla- Arya Nagar, P.O.- Sahebganj, P.S- Chhapra Muffasil, District Chhapra, Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Maheshwar Prasad For the Opposite Party/s :

Mr.S.M.Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-12-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Garkha P.S. Case No. 468 of 2019, registered for the offence punishable under Sections 392, 412 of the Indian Penal Code.

As per the prosecution case, on 29-07-2019, when the informant reached near an under-constructed house at N.H.722, three miscreants surrounded him and on the point of pistol, looted his TVS motorcycle, one mobile phone with two SIM and Rs. 2,000/- (two thousand) from his pocket. It is submitted on behalf of petitioner that petitioner is not named in the FIR and nothing has been recovered from his conscious possession. It is further submitted that till date,

Patna High Court CR. MISC. No.35532 of 2020(2) dt.22-12-2020 2/2 petitioner has not been put on T.I.P. and he is in custody since 01-04-2020.

However, learned A.P.P. for the State has opposed the bail application and submitted that during course of investigation, it has come that the stolen mobile was sold by this petitioner to one Dara Rai and petitioner has got criminal antecedent also and he is accused in seven more cases. Considering the nature of allegation as well as criminal antecedent of the petitioner, I am not inclined to grant him bail and accordingly, same is rejected.

(Prabhat Kumar Singh, J.) anay/- U T