Mohan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78404 of 2024 Arising Out of PS. Case No.-341 Year-2024 Thana- BAKHTIYARPUR District- Patna ====================================================== Mohan Kumar S/o Upendara Ray R/o Nayatola Sabnima, P.S.- Athamalgola, Distt.- Patna, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikas Kumar Jha, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-11-2024 Heard Mr. Rahul Kumar Singh, learned counsel for the petitioner and Mr. Jitendra Kumar Singh, learned APP for the State.

2. The petitioner is in custody in connection with Bakhtiyarpur P.S. Case No. 341 of 2024 for the offence punishable under section 392 of the Indian Penal Code lodged on 13.06.2024 by the informant, Chintu Kumar.

3. As per the prosecution story, the informant who is attached to Bharat Finance Inclusion Limited, Harnaut Branch alleged that after collecting Rs. 1,28,267/- as loan amount, he put the same in the dicky of his motorcycle and left the branch. On way, on the Patna-Ranchi National Highway, the accused intercepted and on the point of pistol, looted the amount alongwith other documents. This led to the FIR.

Patna High Court CR. MISC. No.78404 of 2024(2) dt.13-11-2024 2/2

4. Subsequently, the investigation took place and went to the door of the petitioner from where there is recovery of Aadhaar card, Pan card, mobile and electronic tab etc which was looted. Accordingly, he has come into custody.

5. Learned counsel for the petitioner submits that only because of his criminal antecedents, implicated. Further, no cash amount has been recovered and as such, he cannot be considered as an accused.

6. Learned APP on the other hand has pointed out that important document of the informant includes the Aadhaar card, Pan card, mobile as also electronic tablet have been recovered from his possession which cannot be ignored.

7. Considering the aforesaid submissions put forwarded by the parties and taking into account the seizure that have been made from him as also he have criminal antecedents, for the present, this Court is not inclined to extend him the privilege of bail.

8. The present bail application stands rejected. (Rajiv Roy, J) Adnan/- U T