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2021 DIGILAW 34 (PAT)

Dhananjay Kumar @ Dhanannjay Kumar,son Of Birendra Singh v. State Of Bihar

2021-01-05

AHSANUDDIN AMANULLAH

body2021
JUDGMENT Ahsanuddin Amanullah, J. - Heard Mr. Vivekanand Singh, learned counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State. 2. The petitioner is in custody in connection with Khagaria (Muffasil) PS Case No. 792 of 2019 dated 23.10.2019, instituted under Sections 461/379 of the Indian Penal Code. 3. The petitioner is alleged to have stolen the laptop, camera, wi-fi, cash and important documents from the shop of the informant. 4. Learned counsel for the petitioner submitted that he was caught in another case and based on confessional statement he has been made accused in other cases. It was further submitted that the petitioner is in custody in the present case since 17.02.2020. 5. Learned APP submitted that the informant has identified the recovered articles from the petitioner and for release of the same he has filed application before the learned CJM, which clearly indicates that the informant has valid ownership papers relating to such articles. Thus, it was submitted, that the petitioner has been repeatedly committing such offence and though he was caught in another case in which also there is recovery, the stolen articles of the present case have also been recovered from him. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on bail. 7. Accordingly, the application stands dismissed. 8. However, the main application supported by affidavit shall be e filed in this Court by learned counsel for the petitioner latest by day after tomorrow.