Binay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.61285 of 2017 (2) dt.20-12-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61285 of 2017 Arising Out of PS.Case No. -77 Year- 2014 Thana -GAURICHAK District- PATNA ====================================================== Binay Kumar S/o Sri Sudeshwar Ram @ Sudheshwar Rai, R/o VillageFatehpur, P.S.- Didarganj, at present Gaurichak, District- Patna.. Petitioner

Versus

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

For the Petitioner/s : Mr. Ram Parwesh Kumar For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 20-12-2017 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Gaurichak PS Case No. 77 of 2014 registered under Section 395 of the IPC. The allegation in brief is that some unknown miscreants came to the petrol pump of the informant, where he was employed as Nozzleman, assaulted him and looted 6,41,000 rupees the sale proceeds, one mobile and other items.

Learned Counsel for the petitioner submits that the FIR is against unknown and earlier the petitioner was apprehended and one looted mobile is alleged to have been recovered but was released after enquiry by the police and later on again apprehended. Other coaccused persons have been granted bail. Learned Counsel appearing on behalf of the State submits that the looted mobile by the miscreants has been recovered from the possession of the petitioner showing his involvement in the alleged occurrence.

Having considered the aforesaid facts and circumstances and the recovery of the looted mobile from the possession of the petitioner, the prayer of bail is rejected.

(Arun Kumar, J.) Snkumar/- U