Patna High CourtCR. MISC./37565/2020dismissed

Amit Kumar @ Bengwa v. The State Of Bihar

2021-03-02Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37565 of 2020 Arising Out of PS. Case No.-370 Year-2020 Thana- KHAGARIA District- Khagaria ====================================================== Amit Kumar @ Bengwa, aged about 19 years (male), son of Munna Ram Kahar, resident of Village- Dhobi Tola, Ward No. 18, P.S.- Khagaria, DistrictKhagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh, Advocate For the State :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021 Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioner and Mr. Jharkhandi Upadhyay, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Khagaria PS Case No.370 of 2020 dated 23.05.2020, instituted under Sections 457, 380 of the Indian Penal Code.

3. The allegation against the petitioner, along with others, is of stealing gold and ornaments from the shop of the informant.

4. Learned counsel for the petitioner submitted that only on suspicion he has been made accused and arrested. It was submitted that the so-called CCTV footage, which is the basis

Patna High Court CR. MISC. No.37565 of 2020 dt.02-03-2021 2/2 for identification, has not been corroborated. It was submitted that the petitioner has no criminal antecedent and is in custody since 18.08.2020.

5. Learned APP, from the case diary, submitted that the CCTV footage has been verified by the witnesses as well as the informant and thereupon, the petitioner was arrested. It was submitted that even witnesses have stated that the box, which was stolen from the shop of the informant, was seen being carried by two persons, including the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail.

7. Accordingly, the application stands dismissed.

8. However, let the trial be expedited.

(Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T