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Patna High CourtCR. MISC./22020/2015rejected

Shiv Narain Das v. The State Of Bihar

2015-09-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22020 of 2015 Arising Out of PS.Case No. -437 Year- 2014 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Shiv Narain Das S/o Tilo Das R/o Village Sukhasan Chakla, Ward No. 12, P.S. & District Madhepura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Gajendra Pd.Yadav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-09-2015 Heard both sides.

The petitioner seeks bail in a case under Section 394 of the Indian Penal Code.

The informant was robbed. His motor cycle, mobile and cash were looted. It transpired, during the course of investigation, that petitioner used his SIM bearing No. 07631694169 in the looted Nokia mobile from 04.01.2015 to 24.02.2015. Again the petitioner used the aforesaid mobile by putting SIM No. 08877226967 and the aforesaid SIM was issued in the name of Rekha Devi, sister-in-law of the petitioner. The looted mobile was recovered from the possession of the petitioner while he was residing in his Sasural.

It is submitted that the petitioner has got no criminal

Patna High Court Cr.Misc. No.22020 of 2015 (3) dt.29-09-2015 2/2 antecedent but the looted mobile was recovered from the possession of the petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail at this stage. Accordingly, the same is rejected. The petitioner may renew his prayer for bail after remaining one year in custody.

(Prabhat Kumar Jha, J) BKS/- U T