Patna High CourtCR. MISC./65323/2024bail rejected

Hari Om Kumar v. The State Of Bihar

2024-10-01Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65323 of 2024 Arising Out of PS. Case No.-67 Year-2024 Thana- MORKAHI District- Khagaria ====================================================== Hari Om Kumar S/O- Pawan Prasad Sah R/O- Simri Bakhtiyarpur Purani Bazar W.No-1, Ps- Simri Bakhtiyarpur Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the State :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Morkahi P.S. Case No. 67 of 2024 for the offence under Section 392 of the Indian Penal Code lodged on 04.06.2024 by the informant, Karan Kumar Raj.

3. As per the prosecution story, the informant alleged that he being a delivery boy, while returning was intercepted by accused persons on a motorcycle and on gun point snatched Rs.23,143/- alongwith ATM Card as also mobile phone, his purse was also taken away containing Rs.2,500/- they escaped thereafter. Accordingly, the F.I.R.

4. The accused persons had used a black-red motorcycle where after during investigation, the motorcycle was found parked in the house of the petitioner while the mobile

Patna High Court CR. MISC. No.65323 of 2024(2) dt.01-10-2024 2/2 which was snatched recovered from Nitish Kumar.

5. Though, learned counsel for the petitioner submits that it is the first case in which he made accused and informant has also compromised.

6. Learned APP opposes the prayer submitting that it is not a case where compromise can take place and further the items have been recovered, the vehicle used has been seized.

7. In that background, it would be appropriate that the petitioner seek bail. The anticipatory bail application stands rejected.

8. If the petitioner surrenders within a period weeks from today prays bail, the same shall be considered and dispose it of preferably on the same day.

(Rajiv Roy, J) vinayak/- U T