Citation : 2021 Latest Caselaw 25 Patna
Judgement Date : 5 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 32222 of 2020
Arising Out of PS Case No.-792 Year-2019 Thana- KHAGARIA District- Khagaria
======================================================
Dhananjay Kumar @ Dhanannjay Kumar, aged about 20 years, (Male) Son of Birendra Singh, Resident of Village- Amani, P.S.- Mansi, District- Khagaria.
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivekanand Singh, Advocate For the State : Mr. Ajit Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-01-2021
Heard Mr. Vivekanand Singh, learned counsel for the
petitioner and Mr. Ajit Kumar, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
2. The petitioner is in custody in connection with
Khagaria (Muffasil) PS Case No. 792 of 2019 dated 23.10.2019,
instituted under Sections 461/379 of the Indian Penal Code.
3. The petitioner is alleged to have stolen the laptop,
camera, wi-fi, cash and important documents from the shop of the
informant.
4. Learned counsel for the petitioner submitted that he
was caught in another case and based on confessional statement he
has been made accused in other cases. It was further submitted that
the petitioner is in custody in the present case since 17.02.2020.
Patna High Court CR. MISC. No.32222 of 2020 dt.05-01-2021
5. Learned APP submitted that the informant has
identified the recovered articles from the petitioner and for release
of the same he has filed application before the learned CJM, which
clearly indicates that the informant has valid ownership papers
relating to such articles. Thus, it was submitted, that the petitioner
has been repeatedly committing such offence and though he was
caught in another case in which also there is recovery, the stolen
articles of the present case have also been recovered from him.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, the Court
is not inclined to enlarge the petitioner on bail.
7. Accordingly, the application stands dismissed.
8. However, the main application supported by affidavit
shall be e filed in this Court by learned counsel for the petitioner
latest by day after tomorrow.
(Ahsanuddin Amanullah, J.)
Anand Kr.
AFR/NAFR U T
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