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Patna High CourtCR. MISC./9767/2021bail rejected

Nitish Kumar v. The State Of Bihar

2021-06-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9767 of 2021 Arising Out of PS. Case No.-346 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Nitish Kumar Son of Kamlesh Kumar Resident of Village - Pathara, P.S.- Guraru, Dist.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Singh For the Opposite Party/s :

Mr.Umeshanand Pandit,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

02-06-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Sherghati P.S. Case No. 346 of 2020, registered for the offence under Section 392 of the Indian Penal Code.

As per the prosecution case, on 18.07.2020, while the informant was coming back after collecting the installments of his company, three unknown motorcycle-borne miscreants on the point of pistol snatched his bag containing cash, documents and mobile phone.

It is submitted on behalf of petitioner that petitioner is not named in the FIR. No looted article has been recovered from the possession of the petitioner. Till date, petitioner has not been put on T.I.P. and he is in custody since 20.08.2020.

Patna High Court CR. MISC. No.9767 of 2021(2) dt.02-06-2021 2/2 However, learned A.P.P. for the State has vehemently opposed the bail petition and submitted that this petitioner and his bike were identified on the basis of CCTV footage and mobile number as well as his identity has been further confirmed by the spy and local people of the market place. Considering the aforesaid facts and circumstances as well as the fact that petitioner has been identified on the basis of CCTV footage, the bail petition of petitioner is rejected. (Prabhat Kumar Singh, J.) anay U T