Patna High CourtCR. MISC./58299/2019bail rejected

Chandan Kumar v. The State Of Bihar

2019-09-17Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58299 of 2019 Arising Out of PS. Case No.-345 Year-2015 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== CHANDAN KUMAR, aged about 25 years, Male, Son of Indradev Mahto, Resident of Village-Nagdah, P.S.-Muffasil, District-Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Binod Kumar, Adv.

For the Opposite Party :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Begusarai Nagar P.S. Case No. 345 of 2015, pending in the Court of the Chief Judicial Magistrate, Begusarai, for the offence alleged under Section 379/34 of the Indian Penal Code. The accusation is that on 15.07.2015 in the day, informant, Jagdish Paswan, was going to Bank from his gas agency to deposit Rs.3,72,140/-. In the way two persons came on motorcycle behind him and the person, who was pillion rider snatched the cash bag and moved towards Begusarai Railway Station. The informant, at that time, could not identify the registration number of the motorcycle, but, he can identify the miscreant on seeing them.

The submission of the learned counsel for the

Patna High Court CR. MISC. No.58299 of 2019(2) dt.17-09-2019 2/2 petitioner is that the name of the petitioner has come in the confessional statement of co-accused, Zubair, in which he has disclosed the name of the petitioner as his associate, indulged in the crime.

Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Since, the informant claimed to identify the culprit, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

(Rajendra Kumar Mishra, J) Shamshad/- U T