Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75058 of 2022 Arising Out of PS. Case No.-83 Year-2022 Thana- DANDARI District- Begusarai ====================================================== Amit Kumar Son of Vindeshwari Choudhary, R/o Village - Dandari, P.S.- Dandari, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arjun Prasad, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Dandari P.S. Case No. 83 of 2022 dated 05.09.2022 registered for the offences punishable under Sections 392, 394 of the Indian Penal Code.

As per the prosecution, the informant alleged that this petitioner snatched a gold locket from his neck and meanwhile the co-accused Manjesh Kumar opened fire at the informant which hit at his left hand's elbow and thereafter both the accused persons fled away from the place of occurrence.

The main submissions advanced by the learned

Patna High Court CR. MISC. No.75058 of 2022(3) dt.10-04-2023 2/3 counsel for the petitioner are that the petitioner was not apprehended on the spot, as per prosecution a locket made of gold like metal was recovered from the possession of this petitioner and the same is stated to be the looted article but the motorcycle which was used in the alleged crime was recovered from the co-accused Manjesh Kumar and the petitioner has been languishing in jail since 05.09.2022 having fair and clean antecedent.

Learned APP appearing for the State has opposed the bail prayer.

Considering the seriousness of the occurrence which relates to loot committed by the accused persons including the petitioner with the informant and in the alleged crime the co-accused Manjesh Kumar also fired at the informant and the informant claimed to have identified this petitioner and just one day after the commission of the alleged occurrence the looted gold like locket, which is stated to be a looted article, was recovered from the possession of this petitioner, this court is not inclined to accept his bail prayer for the present. Accordingly, his bail prayer stands rejected.

Petitioner may renew his bail prayer after the

Patna High Court CR. MISC. No.75058 of 2022(3) dt.10-04-2023 3/3 examination of the victim in his trial, if in the next six months the victim is not examined in the petitioner's trial then also the petitioner may renew his bail prayer. (Shailendra Singh, J) Rajiv/- U T