Md. Raju v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6430 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- PRATAPGANJ District- Supaul ====================================================== MD. RAJU S/o Md. Rafik Resident of Village- Dallu Tola, Ward No.-18 Forbesganj, Distt- Araria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Prasad Singh For the Opposite Party/s :

Mr.Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-04-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Pratapganj P.S. Case No. 114 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, on the alleged date of occurrence, while the informant and driver were returning after collection of dues amount of Rs. 49 lakhs kept in bag from Victa Bajaj vehicle, on the way, four miscreants boarded on a pick up van intercepted the vehicle and got down and thereafter, they demanded cash. It is further alleged that they assaulted the informant and his driver by fists and slaps and also snatched bag

Patna High Court CR. MISC. No.6430 of 2021(2) dt.15-04-2021 2/2 containing cash, key of vehicle. They also took out mobile, photo copy of Aadhar Card, cash of Rs. 5,000/- from the pocket of shirt of informant and one bag containing his clothes and fled away.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has come in this case on the basis of confessional statement of coaccused. No incriminating article has been recovered from his possession except cash of Rs. 5,000/-. Petitioner has not been put on TIP till date. Petitioner is in custody since 26.08.2020 having no criminal antecedent, as stated in para 3 of the petition. Counsel for the State however, vehemently opposed the prayer for bail and submitted that Aadhar Card of the informant, cash of Rs. 5,000/- and clothes of informant were recovered from the house of this petitioner.

Considering the fact that looted articles were recovered from the house of this petitioner, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/- U T