Manoj Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.61793 of 2018 Arising Out of PS.Case No. -141 Year- 2017 Thana -BANGAWON District- SAHARSA ======================================================
1. Manoj Kumar, Son of Shri Ramanand Sah, Resident of Ward No.-3, P.O.-Panchveer, P.S.-Sahabpur Kamal, District-Begusarai, BIhar.
2. Md. Saddam Son of Sh. Phul Mohammad @ Phul Hassan, Resident of Village + P.O.-Panchveer, District-Begusarai., Bihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ganga Prasad Bimal For the Opposite Party/s : Mr. Sir Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2018 Heard the parties.
This application is for grant of regular bail in connection with Bangawon P.S.Case no.141 of 2017 for the offences under Section 395 of the Indian Penal Code. Allegation against the petitioners as per FIR is of looting of the Pick Up Van with furniture. The petitioners are not named in the FIR and later on it appears that the Pick Up Van was intercepted in a case under the Excise Act and on verification it was found that the Pick Up Van was looted in the present case and the petitioners had been arrested along with the Pick Up Van. Submission of the learned counsel for the petitioners is that nothing has been recovered from the possession of the
Patna High Court Cr.Misc. No.61793 of 2018 (3) dt.20-11-2018 2/2 petitioners and under the Excise Act they were arrested and they have been granted bail. It is further submitted that the other coaccused persons have been granted bail in this case by different orders of this Court.
Heard learned A.P.P. also, who has opposed the prayer for bail stating that the looted Pick Up Van has been recovered and the petitioners were arrested though in an excise case.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioners .
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T