Petitioner in dacoity case seeking bail. Bail rejected by single judge due to recovery of looted articles from others' possession and petitioner's criminal antecedents.
Bail prayed for by petitioner is rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.7334 of 2018
Arising Out of PS. Case No.-345 Year-2017 Thana- TRIVENIGANJ District- Supaul
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Supen Sardar, Son of Late Kulanand Sardar, Resident of Village- Machha, Police Station- Tribeniganj, District- Supaul.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Smt. Sharda Kumari ======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR
ORAL ORDER
3 13-04-2018 Heard learned counsels for the petitioner and the State.
The petitioner, already in custody, seeks bail in connection with Tribeniganj P.S.Case No. 345 of 2017 registered under Section395 of the Indian penal Code.
It’s a case of dacoity and during investigation, petitioner was apprehended in another case with stolen articles and he made confessional statement that all the looted articles of this occurrence are kept with Surya Sardar and Surendra Sardar and subsequently, police raided the house of Surya Sardar and recovered two trolley bags and attachey, which were looted in the present case.
Submission is that there is no recovery from the possession of the petitioner and trial is also proceeding in which some witnesses have been examined and another co-accused Surendra Sardar has been admitted to bail by a co-ordinate
Patna High Court Cr.Misc. No.7334 of 2018(3) dt.13-04-2018 2/2
Bench of this court vide order dted 21.03.2018 passed in Cr. Misc. No. 8301 of 2018.
Whereas learned counsel for the State submits that leading to his confessional statement, house of Surya Sardar was raided and looted items of the present case were recovered and the petitioner has also two criminal antecedents.
Having considered the aforesaid facts and circumstances, presently, the prayer of bail of the petitioner is rejected.
(Arun Kumar, J)
sujit/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with dacoity.
Whether the recovery of looted articles and antecedents deter bail.
Supen Sardar
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
