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Patna High CourtCR. MISC./56714/2015rejected

Santosh Kumar @ Santosh Kumar Pandit v. The State Of Bihar

2016-02-09Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56714 of 2015 Arising Out of PS.Case No. -238 Year- 2015 Thana -BARH District- PATNA ====================================================== Santosh Kumar @ Santosh Kumar Pandit Son of Mahi Narayan Pandit, resident of village- Dumra, P.S.- Sonbarsa Raj, District- Saharsa. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh For the Opposite Party/s : Mr. Dr. Indiwar Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and counsel for the State.

In this case, the petitioner is seeking bail in connection with Barh P.S. Case No. 238 of 2015 for offence under Sections 406, 420, 120B & 379/34 of the Indian Penal Code. As per First Information Report, the petitioner, a driver, was driving the truck loaded with pulses towards the destination and there was a talk of the petitioner between the owner of the goods as well as transporter for three days and, thereafter, the mobile phone of the petitioner was found switched off and, later on, it was transpired that the looted materials were sold. After investigation, the Police have found the traces of the pulse in the house of Khurshid Alam, who was found to be eloped.

Patna High Court Cr.Misc. No.56714 of 2015 (3) dt.09-02-2016 Looking to the nature of allegation and the fact that the petitioner is in custody since 13.8.2015, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, namely, Santosh Kumar @ Santosh Kumar Pandit is rejected with a liberty to the petitioner to renew his prayer for bail before this Court after completion of nine months of his judicial custody. (Shivaji Pandey, J) Rishi/- U T