Amit Paswan @ Javed v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37492 of 2020 Arising Out of PS. Case No.-10 Year-2019 Thana- KOTWALI District- Munger ====================================================== AMIT PASWAN @ JAVED S/o Gurudeb Paswan R/o-Dilawarpur, P.S.- Kotwali, District-Munger, at present R/o Raisar, P.S-Kotwali, DistrictMunger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

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

The petitioner seeks bail in Kotwali P.S. Case No. 10 of 2019, registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the prosecution case, on 04.01.2019 at about 5.00 am, while the informant was returning to his home, on the way, four unknown miscreants surrounded him and on the point of pistol snatched cash of Rs. 1800/-, mobile and other belongings of the informant and also assaulted him with the butt

Patna High Court CR. MISC. No.37492 of 2020(5) dt.07-04-2021 2/2 of pistol on his head.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has come in this case during course of investigation. No stolen article has been recovered from possession of this petitioner. Petitioner has not been put on TIP Till date. Petitioner is in custody since 23.10.2019 in connection with Kotwali PS Case No. 436 of 2019 and he has been remanded in this case on 29.06.2020.

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

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