Sumit Kumar@Baja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39523 of 2023 Arising Out of PS. Case No.-574 Year-2022 Thana- ARWAL District- Jehanabad ====================================================== Sumit Kumar@Baja Son Of Yugal Chaudhary Resident Of Village- Arwal Sipah, Ps- Arwal, Distt- Arwal.

... ... Petitioner/S

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-07-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Arwal Town P.S. Case No. 574 of 2022 registered on 30.11.2022 lodged under Sections 379, 411 of the I.P.C.

4. As per the prosecution case, allegation of snatching a chain is there against the petitioner and he was apprehended from the place of occurrence.

5. Counsel for the petitioner submits that allegation of chain-snatching is there in the F.I.R. but it also transpires from the F.I.R. that the said chain has not been recovered from the possession of the petitioner and section 411 of the Indian Penal

Patna High Court CR. MISC. No.39523 of 2023(2) dt.07-07-2023 2/2 Code has been added later on. He submits that this case is Magisterial Triable.

6. Counsel further submits that petitioner is innocent and has committed no offence. He further submits that petitioner is in custody since 01.12.2022 having 2 criminal case pending against him, in which he is on bail. Charge-sheet has already been submitted in this case.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner.

9. With this observation, the bail application stands rejected.

10. Liberty is hereby granted to the petitioner that he may renew his prayer for bail, after framing of charge.

11. Trial Court is directed to release the petitioner on bail after-that, imposing its own conditions, so that he may not evade his appearance during trial.

(Dr. Anshuman, J.) Ashishsingh/- U T