IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.26299 of 2010
MD.RIZWAN @ CHAND
Versus
STATE OF BIHAR
-----------
04/ 01.12.2010 Heard learned counsel for the petitioner as well as
learned P.P. for the State.
A dacoity was committed in the house of the informant
by some unknown dacoits. In course of investigation, petitioner
was arrested and he made his confessional statement.
The contention of the learned counsel for the petitioner
is that, at best. section 414 of the IPC is applicable against
petitioner and he can not be detained in judicial custody for the
offence under section 395 of the IPC. He also points out that co-
accused Rukshana Khatoon and Sheikh Gaffar have already been
granted bail by another bench of this court vide order dated
13.4.2010 passed in Cr. Misc .no. 10706/2010 but I am not at all
convinced with the submission of learned counsel for the
petitioner.
Admittedly, several looted articles were recovered
from the house of the petitioner and this petitioner carries some
criminal history. It is a serious case of dacoity and looted articles
were recovered from the house of the petitioner. So, I am not
inclined to grant privilege of bail to the petitioner. Accordingly,
his prayer for bail in connection with Chhatauni P.S. Case no.7/
2010 stands rejected.
shahid (Hemant Kumar Srivastava,J.)