Rajesh Pandey vs The State Of Bihar on 4 April, 2011

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CR. APP (DB) No.135 of 2011
                                 CHANDAN KUMAR
                                        Versus
                               THE STATE OF BIHAR


                                         With
                            CR. APP (DB) No.146 of 2011
                     BRAJESH MAHTO @ BRAJ KISHORE MAHTO
                                        Versus
                              THE STATE OF BIHAR


                                            With
                              CR. APP (DB) No.228 of 2011
                                   RAJESH PANDEY
                                          Versus
                                 THE STATE OF BIHAR
                                        -----------

3 04-04-2011 Heard learned counsel for the appellants and

learned counsel for the State in respect of appellants

prayer for bail. Lower court records have been received.

On 29-4-2008 during day hours an employee

of Ideal Motors Private Limited at Muzaffarpur was shot

dead and Rs. 11 lacs were allegedly looted by the

miscreants who came on a motor cycle. The informant is

the driver of the company vehicle which was with the

cashier, the deceased. He described appellant Brajesh

Mahto @Barj Kishore Mahto by physical feature leading

to arrest of Brajesh Mahto and recovery of Rs.
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1, 69, 500/-, all notes in the denomination of Rs. 500/-

which tallied with the denomination of money looted.

Even according to seizure list at least 16 notes recovered

from him carried the seal and signature of Ideal Motors.

On the confession of Brajesh Mahto other two

appellants were also apprehended leading to recovery of

Rs. one lac from appellant, Rajesh Pandey and Rs.

66,000/- from appellant, Chandan Kumar. Again the

notes in the denomination of Rs. 5, 00/-. According to

seizure list they contained marked notes bearing seal of

Ideal Motors and signature at least on some notes. The

arrests were made soon after the occurrence on 1st May

or 2nd May, 2008.

It has been submitted that the two witnesses of

seizure list have been turned hostile and the informant

has identified only Brajesh Mahto.

Considering all the facts and circumstances

and nature of the offence, the prayer of the appellants for

bail is rejected at this stage.

Since appellant Chandan Kumar and Rajesh

Pandey have been convicted only u/s 412 of the IPC, it is
3

observed that if their appeal cannot be heard within one

year, in that event, they may renew their prayer for bail.

                               (Shiva Kirti Singh, J.)


BKS/-                          (Gopal Prasad, J.)