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Patna High CourtCR. MISC./8176/2016rejected

Singal Kumar Sharma v. The State Of Bihar

2016-04-21Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8176 of 2016 Arising Out of PS.Case No. -624 Year- 2015 Thana -PHULWARI District- PATNA ======================================================

1. Singal Kumar Sharma Son of late Bimal Prasad, resident of New Sabajpura- tenant of Sunil Yadav, P.S. Phulwarisharif, Dist- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Narsing Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 21-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Phulwarisharif P.S. Case No. 624 of 2015 registered for the offences under Sections 395 and 397 of the Indian Penal Code.

The F.I.R. has been lodged by one Anil Kumar Ram that the accused person entered into the house assaulted the family members, kept them captive, committed loot of the material an amount of Rs. twenty five lakhs and cash of Rs. 50,000/-. In terms of the F.I.R., the petitioner was arrested at the spot but the learned counsel for the petitioner has pointed out that he was not arrested at the spot but he was arrested

Patna High Court Cr.Misc. No.8176 of 2016 (3) dt.21-04-2016 2/2 from wine shop which is apparently clear from paragraph No. 4 of the case diary but it is also fact that on the statement of the co-accused, the looted materials were recovered and he has named the petitioner in this case.

Learned counsel for the petitioner has placed reliance in Criminal Miscellaneous No. 6682 of 2016 passed by another co-ordinate Bench of this Court whereon Ravi Sharma has been granted bail but the fact that he has confessed his guilt, this aspect has not been considered. As it appears from the record, the petitioner was caught at spot.

In such view of the matter, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail is rejected.

(Shivaji Pandey, J) ajaypd./- U T