Patna High CourtCR. MISC./57379/2019dismissed

Dharamraj Kumar v. The State Of Bihar

2019-12-11Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57379 of 2019 Arising Out of PS. Case No.-20 Year-2019 Thana- NALANDA District- Nalanda ====================================================== DHARAMRAJ KUMAR Son of Ramashray Paswan Resident of Village - Dullachak, P.S.- Nalanda, Dist.- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the parties.

This application for regular bail arises out of Nalanda P.S. Case No. 20 of 2019, disclosing offences punishable under Section 396 of the Indian Penal Code.

The petitioner was in custody in connection with Nalanda P.S. Case No. 24 of 2019 registered for the offences punishable under Sections 25(1-b)a/26 of the Arms Act, when he is said to have confessed his involvement in commission of crime leading to registration of present Nalanda P.S. Case No. 20 of 2019.

Learned counsel appearing on behalf of the petitioner has submitted that except the so called confessional statement of the petitioner before the police, there is no material to suggest

Patna High Court CR. MISC. No.57379 of 2019(3) dt.11-12-2019 2/2 his implication. He has submitted that the petitioner did not make any confessional statement before the police as is being alleged.

It transpires that on the basis of evidence collected in course of investigation, charge-sheet has been submitted. It is alleged in the FIR that certain unknown miscreants had indulged in looting and snatching cash and mobile from the commuters. It is further alleged in the FIR that when the deceased attempted to resist, the said unknown miscreants shot at him and fled away.

Considering the fact that based on material collected in course of investigation charge-sheet has been submitted and the offence is apparently grave, I am not inclined to grant the petitioner privilege of regular bail.

This application is, accordingly, rejected.

The petitioner shall be at liberty to renew his prayer for bail after one year, if in the meanwhile, there is no progress in the trial.

(Chakradhari Sharan Singh, J) arun/- U