Amit Kumar @ Bengwa vs The State Of Bihar
2021 Latest Caselaw 1194 Patna

      IN THE HIGH COURT OF JUDICATURE AT PATNA
              CRIMINAL MISCELLANEOUS No.37565 of 2020
     Arising Out of PS. Case No.-370 Year-2020 Thana- KHAGARIA District- Khagaria
 ======================================================

Amit Kumar @ Bengwa, aged about 19 years (male), son of Munna Ram Kahar, resident of Village- Dhobi Tola, Ward No. 18, P.S.- Khagaria, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-03-2021

Heard Mr. Ranjeet Kumar Singh, learned counsel for

the petitioner and Mr. Jharkhandi Upadhyay, learned Additional

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

State.

2. The petitioner is in custody in connection with

Khagaria PS Case No.370 of 2020 dated 23.05.2020, instituted

under Sections 457, 380 of the Indian Penal Code.

3. The allegation against the petitioner, along with

others, is of stealing gold and ornaments from the shop of the

informant.

4. Learned counsel for the petitioner submitted that

only on suspicion he has been made accused and arrested. It was

submitted that the so-called CCTV footage, which is the basis Patna High Court CR. MISC. No.37565 of 2020 dt.02-03-2021

for identification, has not been corroborated. It was submitted

that the petitioner has no criminal antecedent and is in custody

since 18.08.2020.

5. Learned APP, from the case diary, submitted that

the CCTV footage has been verified by the witnesses as well as

the informant and thereupon, the petitioner was arrested. It was

submitted that even witnesses have stated that the box, which

was stolen from the shop of the informant, was seen being

carried by two persons, including the petitioner.

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, let the trial be expedited.

(Ahsanuddin Amanullah, J)

J. Alam/-

AFR/NAFR U T