Amarjeet Kumar @ Ajeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8835 of 2015 Arising Out of PS.Case No. -535 Year- 2014 Thana -MASAURHI DistrictPATNA ====================================================== Amarjeet Kumar @ Ajeet Kumar S/o Late Shyamnandan Prasad R/o village - Tilak Nagar Alampur, P.S. - Didarganj, District - Patna. .... .... Petitioner

Versus

1. The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Satrudhan Kumar, Adv. For the Opposite Party/s : Mr. Anuradha Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2015 Heard both sides.

The petitioner seeks bail in Masaurhi P.S. Case No. 535 of 2014, registered for the offences punishable under Sections 395 and 412 of the Indian Penal Code.

The informant named Rahul Kumar and eight others, alleged that he was carrying iron bar to Mahnam Darbhanga at about 2 am. The dacoits came and looted the vehicle but the vehicle was traced through GPS system. Rahul Kumar was apprehended and the informant identified Rahul Kumar. From his possession truck and iron rod were recovered. Immediately thereafter, the petitioner was also arrested and from his possession Samsung mobile and iron bars from the field of Ashok Kumar and Devendra Rai were recovered at the disclosure made by the

Patna High Court Cr.Misc. No.8835 of 2015 (3) dt.01-05-2015 2/2 petitioner.

Learned counsel for the petitioner submits that the seizure list does not bear the signature of the petitioner whereas from perusal of Para 2 it would appear that the truck was seized from the possession of Rahul Kumar and his signature was on the seizure list. Petitioner has got no criminal antecedent. It appears that after arrest of Rahul Kumar, the petitioner was arrested and he made his confessional statement on 27.12.2014 at 4 pm and on his disclosure, iron bar was recovered from two places; firstly from the field of Ashok Kumar and thereafter from the field of Devendra Rai. Signature of Ashok Kumar and Devendra Rai are on the seizure list. It is a case of road dacoity.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected. The trial court is directed to expedite the trial and conclude the same within eight months. If the trial is not concluded, the petitioner may renew his prayer for bail after eight months.

(Prabhat Kumar Jha, J.) Rakhi/- U T