Patna High CourtCR. MISC./46344/2016rejected

Bikarm Kumar Sah @ Vikram Kumar Sah v. The State Of Bihar

2016-11-21Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46344 of 2016 Arising Out of PS.Case No. -264 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Bikarm Kumar Sah @ Vikram Kumar Sah, son of Arjun Sah, resident of village Sabji Mandi, Laxmiya More, P.S. Jhariya, District Dhanbad (Jharkhand) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate For the Opposite Party/s : Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 21-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 30.07.2016 in connection with Belhar P.S. Case No. 264/16 for offences punishable under Sections 379/411 of the Indian Penal Code.

The prosecution case, as lodged by the informant is that one accused person was apprehended with six mobile phones, photo, SIM etc.

It has been submitted by the learned counsel for the petitioner that he bears no criminal antecedent and has falsely been implicated in the aforesaid case.

However, learned APP for the State submits that the petitioner was caught red-handed and has been identified by

Patna High Court Cr.Misc. No.46344 of 2016 (3) dt.21-11-2016 2/2 the persons from whom mobile and money was stolen. He submits that several paragraphs of the case diary support the case of the prosecution, hence, opposes the prayer for bail. Considering the period of custody and the materials on record, I do not find it a fit case for grant of bail to the petitioner. His prayer for bail in connection with Belhar P.S. Case No. 264/16, pending in the court of Shri A.K. Gupta, learned Sub-Judge-III cum A.C.J.M.-III, Banka is rejected. However, he may renew his prayer for bail after three months. (Nilu Agrawal, J.) Rajesh/- U T