Digvijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56179 of 2021 Arising Out of PS. Case No.-193 Year-2020 Thana- DUMARIAGHAT District- East Champaran ====================================================== Digvijay Kumar Son of Rajendra Rai Resident of Village - Deopur Parsa, P.S.- Kalyanpur, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Ranjan For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner seeks bail in Dumariya Ghat P.S. Case No. 193 of 2020, registered for the offence punishable under Section 394 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, three miscreants riding on motorcycle intercepted the informant and one of pillion rider fired at him which hit his Panjra and he fell down. Thereafter, all the miscreants took his bike, mobile and fled away. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. No incriminating article has been recovered from possession of this

Patna High Court CR. MISC. No.56179 of 2021(3) dt.31-01-2022 2/2 petitioner. Till date petitioner has not been put on test identification parade. Petitioner is in custody since 09.01.2021. Learned APP however, vehemently opposed the prayer for bail and submitted that looted mobile was found being used by this petitioner.

Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T