IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.19884 of 2008
ROHIT KUMAR & ANR
Versus
THE STATE OF BIHAR
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3/ 07.07.2008 Heard learned Counsel for the petitioners and learned
Counsel appearing on behalf of the State.
The robbery of 50,000/- was committed and immediately on
chase by the villagers the petitioner Rohit Kumar and others were
apprehended. From the possession of the petitioners the entire amount
was recovered.
Submission of the learned Counsel for the petitioners is that
the petitioners are of fair antecedent. They have been assaulted by the
villagers and handed over to the police and the case comes at best under
Section 379 of the Indian Penal Code not under Section 392 of the Indian
Penal Code.
Petitioners have been arrested immediately after the
occurrence. Considering this, I am not inclined to grant bail to the
petitioner. Accordingly their prayer for bail is rejected.
However petitioners may renew their prayer for bail in the
Court below after completing one year in custody.
kksinha/ (Shyam Kishore Sharma, J.)