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Patna High Court - Orders

Arun Kumar Ram vs The State Of Bihar on 5 February, 2021

Author: Prabhat Kumar Singh

Bench: Prabhat Kumar Singh

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38141 of 2020
                        Arising Out of PS. Case No.-6 Year-2020 Thana- DURAULI District- Siwan
                 ======================================================
                 ARUN KUMAR RAM S/o Gulab Chandra Ram R/o Village- Kodra, P.S.
                 Mairwa, District- Siwan

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Dwivedi
                 For the Opposite Party/s :       Mr.A.G
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2021

Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Darauli P.S. Case No. 06 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.

As per the prosecution case, two unknown miscreants having armed, entered into the SBI, CSP, Bauna Branch and on the point of pistol, looted away cash of Rs. 1,83,000/-, HP laptop, mobile phone.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner has transpired in this case on the basis of confessional statement of co-accused Sobrati Miyan. No incriminating article has been recovered from possession of this petitioner. One motorcycle Patna High Court CR. MISC. No.38141 of 2020(2) dt.05-02-2021 2/2 which is alleged to be recovered from the house of this petitioner does not belong to this petitioner. Moreover, other co- accused persons have been granted bail by this court. Petitioner is in custody since 30.05.2020.

Learned APP however, vehemently opposed the prayer for bail and submitted that black pulsor motorcycle which was used in the crime has been recovered from the house of this petitioner.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) vinita/-

U          T