Bimal Kumar vs The State Of Bihar
2021 Latest Caselaw 4388 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.35134 of 2021
   Arising Out of PS. Case No.-5 Year-2020 Thana- GAMAHARIYA District- Madhepura
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Bimal Kumar, age about 26 years, Gender-Male, Son of Late Madan Mukhiya

Resident of Village - Budhave, P.S.- Singheshwar, District - Madhepura

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

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

For the Petitioner/s    :       Mr. Surya Narayan Yadav, Advocate
For the State           :       Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 01-09-2021

The matter has been heard via video conferencing.

2. Heard Mr. Surya Narayan Yadav, learned counsel

for the petitioner and Mr. Md. Arif, learned Additional Public

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

3. The petitioner is in custody in connection with

Gamhariya PS Case No. 5 of 2020 dated 04.01.2020 instituted

under Section 393 of the Indian Penal Code.

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

as earlier such prayer was rejected by judgment dated

07.07.2020 passed in Cr. Misc. No. 14308 of 2020.

5. The allegation against the petitioner and another

co-accused is that they had come on an unnumbered motorcycle Patna High Court CR. MISC. No.35134 of 2021 dt.01-09-2021

and had stopped the informant at gun point and snatched the bag

and motorcycle of the informant but while trying to flee, the

villagers had caught the petitioner whereas the other co-accused

along with firearms had managed to run away.

6. Learned counsel for the petitioner submitted that the

petitioner is in custody since 05.01.2020 and has been falsely

implicated as he had been called by the informant to repair his

motorcycle, which had developed some snag.

7. Learned APP submitted that the Court had

considered the matter on merits on the earlier occasion being

assisted on the basis of the case diary in which it had come that

the petitioner was caught by the local villagers upon chase and

was also thrashed due to which he suffered injuries and, in the

investigation, it has not come that any calls were made by the

informant to the petitioner for calling him to repair his

motorcycle.

8. Having considered the facts and circumstances of

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

Court does not find any mitigating circumstances to re-consider

the prayer for grant of bail to the petitioner, especially in view of

what has been recorded in judgment dated 07.07.2020 in Cr.

Misc. No. 14308 of 2020.

Patna High Court CR. MISC. No.35134 of 2021 dt.01-09-2021

9. For reasons aforesaid, the petition stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T