Rajiv Kumar Kunwar @ Rajiv Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1285 of 2022 Arising Out of PS. Case No.-520 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== Rajiv Kumar Kunwar @ Rajiv Kunwar Son of Raj Narayan Kunwar Resident of Village - Sinuar Gopal, Ward No. 10, P.S. - Bahadurpur (Fekla O.P.), District - Darbhanga (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vinay Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-11-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Bahadurpur (Fekla O.P.) P.S. Case No. 520 of 2021 lodged under Sections 341, 323, 342, 325, 307, 386, 379, 504, 506, 34 of the I.P.C.

As per the prosecution case, the F.I.R. has been lodged against 4 named accused persons against whom the allegation of snatching of licensee revolver, Rs. 2,500/- cash, 50 gram gold chain and assaulting the informant are there. The informant has named 4 accused persons in F.I.R. including the

Patna High Court CR. MISC. No.1285 of 2022(3) dt.15-11-2022 2/3 present petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He submits that petitioner is in custody since 08.10.2021. Learned counsel submits that petitioner has filed a supplementary affidavit in which it has been mentioned that mother of this petitioner died on 13.11.2022 and only due to the reason upon mentioning of the petitioner, this case has been listed from consolidated list to the top of the list. At the time of argument, learned counsel for the petitioner fairly submits that Mukhagni Sanskar for the petitioner's mother has been conducted by the father of the petitioner. Learned counsel for the petitioner further submits that charge has already been filed in this case .

He has also submitted that the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 17.10.2022 passed in Cr. Misc. No. 22992 of 2022. Learned counsel for the State opposes the prayer for bail and submits that the case diary has been called for. In the case diary, it has categorically come during investigation that the looted revolver, live cartridges and Super Splendor motorcycle used in the crime has been recovered from the possession of the present petitioner.

Patna High Court CR. MISC. No.1285 of 2022(3) dt.15-11-2022 3/3 in the order allowing bail to the co-accused. In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to the petitioner. In this view of the matter, the bail application of the petitioner is hereby rejected.

The trial court is directed to expedite the trial as early as possible.

With this observation, the bail application stands rejected.

(Dr. Anshuman, J.) prakashmani/- U T