Mithlesh Kumar @ Mithlesh Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1032 of 2022 Arising Out of PS. Case No.-755 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Mithlesh Kumar @ Mithlesh Bhagat Son of Narayan Bhagat @ Ram Narayan Bhagat Resident of Village - Lalpura Baudha Tola, P.S.- Saraiya, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Nitu Kumari For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Saraiya P.S. Case No. 755 of 2019, registered for the offence punishable under Section 394 of the Indian Penal Code.

As per the FIR, while the informant was returning on motorcycle to his office with collection amount of Rs. 1,01,650/- on the way three miscreants riding on motorcycle came and looted away motorcycle and cash.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. No looted article has been recovered from his conscious possession. Till date petitioner has not been put on test identification parade. Petitioner is in

Patna High Court CR. MISC. No.1032 of 2022(3) dt.28-04-2022 2/2 custody since 29.09.2021.

Learned APP however, vehemently opposed the prayer for bail and submitted that during course investigation, two eye witnesses have seen this petitioner fleeing away from the place of occurrence after snatching the money and petitioner has got criminal antecedents of six cases of similar nature. Considering the facts aforesaid and criminal antecedents, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T