Pawan Kumar Singh @ Pawan Yadav @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65883 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== Pawan Kumar Singh @ Pawan Yadav @ Pawan Kumar Son of Binod Singh Resident of Village - Prastampur, P.S.- Natwar, District - Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shambhu Narayan Singh, Adv.

For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-10-2022 Let the defect(s), if any, be removed within two weeks from today.

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

The petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 312 of 2020 lodged under Section 392 of the I.P.C.

As per the prosecution case, the allegation of robbery of a White Scorpio vehicle bearing registration no. BR01PK7265 is there in the F.I.R. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner is not named in the F.I.R. On the specific query that whether the said vehicle has been recovered or not, the

Patna High Court CR. MISC. No.65883 of 2021(3) dt.12-10-2022 2/3 petitioner submits that recovery of the said vehicle has been made from his possession. He submits that his name has figured in this case by virtue of the confessional statement of the accused of Nokha P.S. Case No. 224 of 2020.

Learned counsel for the petitioner submits that petitioner has been granted bail in said Nokha P.S. Case No. 224 of 2020 by the Co-ordinate Bench of this Court vide order dated 21.09.2022 passed in Cr. Misc. No. 57838 of 2021. He further submits that the other co-accused of the present case has also been granted bail vide order dated 20.09.2022 passed in Cr. Misc. No. 57598 of 2021. He submits that petitioner is in custody since 24.12.2020 having 3 criminal antecedent but in all 3 cases, he is on bail.

Learned counsel for the petitioner submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court.

Learned counsel for the State opposes the prayer for bail and submits that the petitioner has rightly been granted bail in Nokha P.S. Case No. 224 of 2020. He also submits that the co-accused of the present case has also rightly been granted bail in Jagdishpur P.S. Case No. 312 of 2020 (present case) but the bail to the petitioner may not be granted due to the reason that

Patna High Court CR. MISC. No.65883 of 2021(3) dt.12-10-2022 3/3 the alleged robbed Scorpio vehicle of the present case has been recovered from the possession of the present petitioner. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, the bail petition of the petitioner is hereby rejected.

The Trial Court is directed to expedite the trial as earliest as possible preferably within 9 months from today. With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) sadique/- U T