Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82698 of 2024 Arising Out of PS. Case No.-338 Year-2023 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== Subodh Kumar Son of Chandeshwar Bhagat R/o Vill.- Simri, Ward no. 7, P.S.- Vidyapatinagar, Dist.- Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-02-2025 Heard Mr. Satyaveer Jha, learned counsel for the petitioner and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since 11.03.2024 in connection with Mohiuddin Nagar P.S. Case No. 338 of 2023, F.I.R. dated 11.12.2023 for the offences punishable under Section 395 of the Indian Penal Code.

3. According to prosecution case, 5-6 unknown miscreants have entered into the house of the informant and committed loot and took away several ornaments and cash amounting to Rs. 2 lakhs and also threatened the family members for dire consequences.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.82698 of 2024(4) dt.28-02-2025 2/3 petitioner is innocent and he has falsely been implicated in the present case. He further submits that the petitioner is not named in the F.I.R. and the petitioner was apprehended in connection with Modiuddin Nagar P.S. Case No. 01 of 2024 and on the basis of self confessional statement of the petitioner, he has been remanded in the present case on 11.03.2024. He further submits that except the suspicion, no other material has come during investigation to suggest the involvement of the petitioner in the present occurrence.

5. Learned Additional Public Prosecutor on the basis of materials available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that cash amount to Rs. 1,62,000/- (Rs. One lakh sixty two thousand only) as well as ornaments have been seized by the police from the house of the petitioner and apart from that the petitioner carries 12 criminal antecedents other than the present one.

6. Considering the aforesaid facts and circumstances that the recovery has been made from the house of the petitioner, I am not inclined to enlarge the petitioner on bail in connection with Mohiuddin Nagar P.S. Case No. 338 of 2023 pending in the court of learned Judicial Magistrate 1st Class-

Patna High Court CR. MISC. No.82698 of 2024(4) dt.28-02-2025 3/3 cum-Additional Munsif, Samastipur.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T