Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67062 of 2022 Arising Out of PS. Case No.-181 Year-2022 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== Bablu Kumar S/o Late Nand Kishore Pal, Resident of village- Hasanganj, P.S.- Babarganj District- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pankaj Kumar For the Opposite Party/s :

Mr.Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 27-02-2023 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 Mojahidpur (Babarganj) P.S. Case No. 181 of 2022, lodged under Section 394 of the Indian Penal Code.

As per prosecution case, the informant is working as delivery boy in a private company and on order, he went to the place of occurrence for delivery. Near the place of delivery, two unknown persons have assaulted him with iron rod and katta gun, they have took away the Splendor motorcycle of informant and snatched Rs.5,000/- alongwith Samsung Mobile. It has been alleged that the said order was booked by a specific mobile

Patna High Court CR. MISC. No.67062 of 2022(2) dt.27-02-2023 2/3 number.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that in the entire F.I.R., the time of occurrence has not been mentioned. He also submits that nothing was recovered either from the possession of petitioner or from the house of petitioner and he was not put on T.I.P. Learned counsel for the petitioner further submits that antecedent of petitioner is clean and he is in custody since 02.06.2022.

Learned counsel for the State opposes the prayer for bail and submits that from the order sheet of Session Court, it transpires that the owner of mobile number by which informant received the order is of one Manish Chaudhary, and on the confession of said Manish Chaudhary the looted motorcycle was recovered from the bushes near his house. The said Manish Chaudhary has taken the name of present petitioner in his confessional statement.

Upon specific query that whether charge has been framed or not, learned counsel submits that he is not aware that charge has been framed or not.

In the present facts and circumstances of this case and the submissions made above, I am not inclined to grant bail to

Patna High Court CR. MISC. No.67062 of 2022(2) dt.27-02-2023 3/3 the petitioner, therefore, his bail application stands rejected. Liberty is hereby granted to the petitioner that he may renew his prayer for bail after framing of charge. (Dr. Anshuman, J.) ritik/- U T