Patna High CourtCR. MISC./17826/2017dismissed

Amit Kumar v. The State Of Bihar

2017-04-11Mr. Justice Vikash Jain1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17826 of 2017 Arising Out of PS.Case No. -404 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Amit Kumar Son of Ram Ekbal Pandit Resident of Village- Kushi Harpur Horit, Police Station- Kanti, District Muzaffarpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jainendra Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-04-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.11.2016 in connection with Patori P.S. Case No. 404 of 2016 for the offences alleged under Sections 420 and 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion as he is not named in the first information report which is against unknown persons. He has been merely implicated on suspicion as he is accused in other prior cases of similar nature.

4. A perusal of the order of learned 6th Additional Sessions Judge, Samastipur dated 09.03.2017 discloses that the petitioner has been identified in test identification parade as mentioned in paragraph 48 of the case diary.

5. Having regard to the nature of accusations and gravity of offence alleged and also considering that the petitioner has been identified by the informant in T.I. Parade as well as his criminal antecedents in similar nature of cases, this Court is not inclined to grant the privilege of bail to the petitioner. The bail petition stands dismissed.

B.T/- (Vikash Jain, J) U T