Indradeo Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29318 of 2015 Arising out of PS.Case No. -3 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Indradeo Sah, S/o Late Bathelu Sah, R/o Village Azam Nagar Kushiyargaon, P.S. Araria, District Araria.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kundan Kumar Singh, Advocate. For the Opposite Party : Mr. M.Haque(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-08-2015 The petitioner is languishing in custody since 26.03.2015 in connection with Araria (Bairgachhi) P.S. Case No. 03 of 2015 for the offences instituted under Section 392 of the I.P.C.

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

The prosecution story, in brief, is that on 03.01.2015 at about 10.30 A.M., the informant, who is working in Janta Medical Agency, Araria, proceeded for collection and after collection from Kaliaganj and Madanpur, he was coming on his motorcycle and when he reached in between Ajmatpur and Belbapul, he saw two men ridded on motorcycle without number and plate and when he reached there, they pushed him due to which he fell down, then on

Patna High Court Cr.Misc. No.29318 of 2015 (2) dt.05-08-2015 2/2 the point of fire arm, they took in bamboo clump in the way to Suryapur and they tied him in a bamboo and snatched his Mobiles bearing Nos. 9631865582 and 9430812362 and demanded money. The informant replied that the money is in the Dickky of motorcycle, then both the miscreants went to the motorcycle and took the collection money of Rs. 1,50,000/- and fled away. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2015 and the charge sheet has been submitted in the present case. It is further submitted that the petitioner is not named in the F.I.R.

On behalf of the State it has been submitted that the name of the petitioner has come on the basis of confessional statement of the co-accused and recovery of looted amount has been made from his possession.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected for the present in Araria (Bairgachhi) P.S. Case No. 03/2015, pending in the court of the learned C.J.M., Araria.

U.K./- (Sudhir Singh, J) U T