Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37461 of 2020 Arising Out of PS. Case No.-1007 Year-2019 Thana- MADHEPURA District- Madhepura ====================================================== SHIV KUMAR Son of Umesh Yadav R/o Village- Shabha Tola, Sikhasan Ward No.02, P.S.- Kishanpur and District- Supaul. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Verma For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Madhepura P.S. Case No. 1007 of 2019, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, on 30.11.2019 while the informant was returning to his home on motorcycle, on the way, two unknown miscreants overtook him and on the point of pistol, looted motorcycle, mobile and purse containing cash of Rs. 1500/-, ATM card etc.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case merely on suspicion. Petitioner is not named in the FIR. However, his name surfaced subsequent to this case in Bhaptiyahi PS Case

Patna High Court CR. MISC. No.37461 of 2020(2) dt.02-02-2021 2/2 No. 114 of 2019 and this petitioner is alleged to have been found in possession of the looted motorcycle. Petitioner is in custody since 27.02.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that stolen motorcycle has been recovered from possession of this petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T