Bateshwar Kumar @ Rajnikant ... vs The State Of Bihar
2021 Latest Caselaw 4074 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.12214 of 2021

 Arising Out of PS. Case No.-18 Year-2020 Thana- LAHERIMUHALLA District- Nalanda
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Bateshwar Kumar @ Rajnikant Prabhakar, aged about 35 years, male, Son of

Late Brajesh Nandan Kashyap, Resident of village - Chandi Bazar, P.S. -

Chandi, District - Nalanda.

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

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP For the Informant : Mr. Pramod Kumar Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT

Date : 11-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashok Kumar, learned counsel for the

petitioner; Mr. Jharkhandi Upadhyay, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State

and Mr. Pramod Kumar Sinha, learned counsel for the

informant.

3. The petitioner is in custody in connection with

Laheri PS Case No. 18 of 2020 dated 15.01.2020, instituted

under Sections 154/380/411of the Indian Penal Code.

Patna High Court CR. MISC. No.12214 of 2021 dt.11-08-2021

4. This is the second attempt for bail by the petitioner

as earlier such prayer was rejected by judgment and order dated

07.07.2020 passed in Cr. Misc. No. 15690 of 2020.

5. As per the allegation, the petitioner, who is husband

of the sister of the informant, is alleged to have stolen cash of

more than rupees ten lakhs and jewellery from the house of the

informant.

6. Learned counsel for the petitioner reiterated the

submissions advanced and noticed by the Court in judgment and

order dated 07.07.2020. It was submitted that the Court may

consider that the petitioner is in custody since 17.01.2020.

7. Learned APP and learned counsel for the informant

submitted that the prosecution witnesses have supported the

allegation against the petitioner and he was seen coming out

hurriedly from the house carrying a black bag with him. It was

submitted that even the conduct of the petitioner on the date of

occurrence indicates his involvement. It was submitted that the

petitioner had made 25 calls to his wife when she had gone with

her sister's family to attend a fair at Rajgir and there was no

occasion for the petitioner to ring up his wife so many times

which indicates that he was just monitoring their whereabouts so

as to be sure that they did not return while the offence was being Patna High Court CR. MISC. No.12214 of 2021 dt.11-08-2021

committed. Learned counsel submitted that even the conduct of

the petitioner that he had asked the informant to leave her dog

with him indicates that the dog was removed from the house so

that he did not bark and alert the neighbours if there was any

theft being committed in the house. It was submitted that the

pant with paint and the screwdriver which was used in the crime

have been recovered from the house of the informant and they

belong to the petitioner. Thus, it was submitted that there is no

explanation for how the tools used for breaking in the house and

the pant with paint of the petitioner was recovered from the

house of the informant and this itself is sufficient proof to

indicate the involvement of the petitioner in the crime. It was

submitted that the period of incarceration being just a little over

one and a half years, cannot entitle him for bail.

8. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, the

Court finds substance in the contention of learned APP and

learned counsel for the informant. There being sufficient

indication to show complicity of the petitioner in the crime and

further no mitigating circumstances since the last order of

rejection having been shown, the Court is not inclined to grant

bail to the petitioner.

Patna High Court CR. MISC. No.12214 of 2021 dt.11-08-2021

9. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T