Mukesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54016 of 2021 Arising Out of PS. Case No.-329 Year-2019 Thana- BHAGWANPUR District- Vaishali ====================================================== MUKESH KUMAR S/o JAGARNATH SINGH R/o VILLAGEHIDAYATPUR (CHAKHAJI NIZAM), P.S-MAHUA, DISTRICTVAISHALI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shanti Bhushan Singh, Advocate For the Opposite Party/s :
Mr. Nawal Kishore Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 13-05-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Bhagwanpur P.S. Case No. 329 of 2019 registered for the offence punishable under Section 392 of the Indian Penal Code 1860 and charge has been framed under Section 395 of the Indian Penal Code.
The allegation, as per the First Information Report, is that three unknown criminals entered into the Uttar Bihar Gramin Bank, Prataptand Branch, Bhagwanpur, and looted a sum of Rs.1,78,176/- on gun point.
Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.54016 of 2021(2) dt.13-05-2022 2/2 petitioner is not named in the First Information Report. The name of the petitioner has transpired on the basis of confessional statement of co-accused Manish Kumar Sahni. He further submits that no incriminating material and/or looted property has been recovered from conscious possession of the petitioner. The petitioner is in custody since 14.2.2020. Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that petitioner has got criminal antecedents inasmuch as nine cases of similar nature are pending against him, I am not inclined to grant regular bail to the petitioner at this stage. Accordingly, the prayer for bail of the petitioner stands rejected.
However, the petitioner may renew his prayer for bail after six months if the trial does not show any progress. (Anil Kumar Sinha, J) S.Ali/- U T