Patna High CourtCR. MISC./3694/2019dismissed

Babloo @ Mubaraque v. The State Of Bihar

2019-01-25Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3694 of 2019 Arising Out of PS. Case No.-495 Year-2018 Thana- ARARIA District- Araria ====================================================== Babloo @ Mubaraque, son of Fakhruddin Resident of Village-Chahatpur, P.S.- Palasi, District - Araria ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gopal Kumar Jha For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-01-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Araria (Bairgachhi) Police Station Case No. 495 of 2018, disclosing offence under Section 392 of the Indian Penal Code. As per the case of the prosecution, the accused persons snatched Rs. 1,68,750/- from the informant under the threat of life. The First Information Report was lodged against unknown. However, in course of investigation, one accused came to be arrested and who, wile confessing his guilt, has disclosed the name of this petitioner.

Learned Counsel for the petitioner has submitted that the petitioner has no criminal antecedent and that only on the

Patna High Court Cr.Misc. No.3694 of 2019(2) dt.25-01-2019 2/2 basis of confessional statement of the co-accused, the petitioner cannot be successfully prosecuted.

Considering the nature of accusation and the fact that the petitioner's test identification parade may be required, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, dismissed.

The petitioner is directed to surrender before the Court below within four weeks from today and applies for regular bail, if so advised, and his application shall be considered on its own merit without being prejudiced by the present order of dismissal.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √