Kundan Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22736 of 2018 Arising Out of PS. Case No.-486 Year-2017 Thana- BHAGWAN BAZAR District- Saran ======================================================
1. Kundan Kumar, S/o Satrughan Prasad, Resident of MohallaButanbari, P.S.- Chapra Town, District- Saran.
2. Rohit Kumar, S/o Haridwar Prasad, Resident of Village- Gandhi Chowk, Chapra, P.S.- Chapra Town, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Surendra Kishore Thakur For the Opposite Party/s :
Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioners and the learned APP for the State.
Petitioners, already in custody, seek bail in connection with Bhagwan Bazar P.S. Case No.486 of 2017 registered under Sections 396 and 397 of the Indian Penal Code. Allegation in brief is that the informant along with one of his associates had come to Chapra to deliver the jewellery to the jewellery shops and thereafter they were returning back with some jewellery and cash to bus stand, on the way Awtar Singh and the informant were shot dead and bag containing jewelleries and cash were looted away by unknown miscreants.
Learned counsel for the petitioner submits that on the basis of the confessional statement and recovery of melted gold,
Patna High Court Cr.Misc. No.22736 of 2018(4) dt.19-07-2018 2/2 the petitioners have been implicated though the recovery is quite natural as they have jewellery shop; whereas the learned counsel appearing on behalf of the State referring paragraph of the case diary submits that the jewellery and some melted gold and other items have been recovered leading to their confessional statement and those recovered jewelleries were put on TIP and the same was identified by the witnesses.
Having considered the aforesaid facts and circumstances and the gravity of the offence, the Court is not persuaded to grant bail to the petitioners. Accordingly, the prayer of bail of the petitioners is rejected. (Arun Kumar, J) S.KUMAR/- U T