Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67259 of 2023 Arising Out of PS. Case No.-94 Year-2023 Thana- DARIHAT District- Rohtas ====================================================== Avinash Kumar S/O Late Pramod Kumar Singh @ Pramod Kumar Singh Village Darihat, Ps- Darihat, Dist- Rohtas, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Shankar Kumar For the Opposite Party/s :

Mr.Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 394 of the Indian Penal Code.

The prosecution case in nutshell is that while the informant along with his brother and co-villager Govind Kumar was going to catch the train by his motorcycle bearing Reg. No. UP-65W-0146, two miscreants snatched the bag from Govind Kumar. It is further alleged that miscreants assaulted them and

Patna High Court CR. MISC. No.67259 of 2023(3) dt.06-12-2023 2/3 snatched gold chain and Rs. 6,000/- from the possession of the informant and fled away with the motorcycle of the informant.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in F.I.R. Moreover, the petitioner is languishing in judicial custody since 07.05.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing on behalf of the State vehemently opposed the prayer of the petitioner and submitted that petitioner has been identified by the witnesses in T.I.P., which is evident from perusal of identification chart, annexed with the case diary. From perusal of the case diary it is also evident that looted motorcycle has also been recovered by the petitioner and he has confessed about the alleged occurrence. Having heard the learned counsel for the parties and considering the nature of allegation, this

Patna High Court CR. MISC. No.67259 of 2023(3) dt.06-12-2023 3/3 court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected. Learned trial court is directed to expedite the trial and conclude the same as early as possible. (Sunil Kumar Panwar, J) Nirajkrs/- U T