Patna High CourtCR. MISC./64225/2023rejected

Sonu Kumar v. The State Of Bihar

2023-10-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64225 of 2023 Arising Out of PS. Case No.-26 Year-2023 Thana- CHAORI District- Bhojpur ====================================================== 1.

Sonu Kumar Son Of Dhanji Singh Mohalla- Chandi Tola, Ps- Karakat, DistRohtas. 2.

Gobind Kumar Son Of Nirmal Singh Village- Sakhuana, Ps- Sahar, DistBhojpur at Ara. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shantam Shivam For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-10-2023 Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of regular bail in connection with Chauri P.S. Case No. 26 of 2023, registered under sections 392 and 411 of the Indian Penal Code.

3. As per prosecution case, the informant a driver of the truck stated that three accused persons on a bolero vehicle overtook his truck and on the point of pistol told the informant to hand over the money and mobile phone. However, with the help of police personnel who reached the place of occurrence three persons including the petitioners were caught at the spot and articles recovered. It is submitted that it is also surprising

Patna High Court CR. MISC. No.64225 of 2023(2) dt.11-10-2023 2/2 that a truck driver would remember the details of the IMEI number of his mobile phone. The petitioners are in custody since 31.3.2023.

4. The prayer of the bail is opposed by learned APP for the State who submits that the petitioner no. 1 has other criminal cases pending against him in which he is on bail.

5. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R. wherein the petitioners are said to have committed robbery on the point of pistol and were caught at the place of occurrence soon after the occurrence took place, this Court is not inclined to enlarge the petitioner on bail and, accordingly, this application is rejected.

6. Liberty is granted to the petitioners to renew their prayer for bail on completing one year in custody. (Partha Sarthy, J) Ranjeet/- U T