Patna High CourtCR. MISC./56939/2023bail rejected

Rajiv Kumar @ Kanchan @ Kanchan Kumar v. The State Of Bihar

2023-11-08Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56939 of 2023 Arising Out of PS. Case No.-391 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Rajiv Kumar @ Kanchan @ Kanchan Kumar, S/O Kedar Prasad Singh, R/O Village - Dharampur Bandey, P.S. - Patori, District- Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 08-11-2023

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Patori P.S. Case no. 391 of 2023, registered under sections 341, 323, 386, 387, 379, 506 and 34 of the Indian Penal Code and sections 25(1-B)(a) and 35 of the Arms Act.

3. As per the prosecution case, the accused persons including the petitioner herein on the point of a pistol made an attempt to loot the informant and took out Rs.5350/- from his pocket. As a result of the general public gathering, the petitioner was caught at the place of occurrence and sustained some injuries.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. Both the

Patna High Court CR. MISC. No.56939 of 2023(3) dt.08-11-2023 2/2 petitioner and the informant are co-villagers and the manner of occurrence has been correctly narrated in the FIR subsequently lodged by the petitioner which has been brought on record as Annexure-P/2 to the petition. The petitioner is in custody since 20.6.2023 and charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegation and the petitioner having been arrested at the spot, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months or on framing of charge, whichever is earlier.

(Partha Sarthy, J) avinash/- U T