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Patna High CourtCR. MISC./27223/2024rejected

Anurodh Kumar @ Anrudh Kumar @ Anurudh Kumar v. The State Of Bihar

2024-12-18Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27223 of 2024 Arising Out of PS. Case No.-655 Year-2023 Thana- SHAHPUR PATORI District- Samastipur ====================================================== Anurodh Kumar @ Anrudh Kumar @ Anurudh Kumar, Son of Musafir Rai @ Mosaphir Ray, Resident of Village- Chakjalal, Police Station- Tajpur (Halai O.P.), District- Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Adv.

For the Opposite Party/s :

Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 18-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Patory P.S. Case No. 655 of 2023 registered for the offence punishable under Section 394 of the Indian Penal Code.

3. Allegedly, on the fateful day, three miscreants armed with pistol entered into the C.S.P. Bank of the informant and looted Rs.5,04,937/- from the cash counter of the Bank on gun point.

4. Learned counsel for the petitioner contended that the F.I.R. has been instituted against unknown miscreants. However, during the course of investigation, the petitioner was

Patna High Court CR. MISC. No.27223 of 2024(4) dt.18-12-2024 2/3 apprehended along with three unknown miscreants and from the possession of the petitioner, one loaded country made pistol and cash of Rs. 8,500/- was recovered and a separate case i.e. Patory P.S. Case No. 680 of 2023 has been registered. After nabbing the petitioner, he has been remanded in this case without there being any cogent material. It is further contended that so far the identification of the petitioner through CCTV footage is concerned, the same is wholly baseless in view of the fact that it is categorically alleged that all the miscreants were hiding their face, so it is quite difficult to identify the petitioner. It is next contended that be that as it may, till date the petitioner has not been put on TI parade. Moreover, the petitioner has been incarcerated since 05.12.2023.

5. On the other hand, learned APP for the State vehemently opposed the bail application and submitted that apart from five criminal antecedent of the petitioner, one of the co-accused persons with similar allegation, who has also been identified through CCTV footage, his prayer for bail has been negated by this Court in Cr. Misc. No. 32708 of 2024 vide order dated 31.07.2024.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of the crime and

Patna High Court CR. MISC. No.27223 of 2024(4) dt.18-12-2024 3/3 the identification of the petitioner on the basis of CCTV footage by the employees of the Bank as well as the criminal antecedent, this Court is not acceded to the prayer for bail of the petitioner. Accordingly, his prayer is rejected.

7. It is expected that the learned Trial Court shall take all endeavours to expedite the trial and conclude the same, expeditiously.

(Harish Kumar, J) rohit/- U T