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Patna High CourtCR. MISC./10733/2024dismissed

Bhagwan Yadav @ Bhagan @ Sujit @ Sujit Kumar v. The State Of Bihar

2024-03-12Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10733 of 2024 Arising Out of PS. Case No.-348 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== Bhagwan Yadav @ Bhagan @ Sujit @ Sujit Kumar S/o Dasrath Yadav @ Dasarath Rai @ Dasharath Rai R/o Vill - Chotaka Itahana, P.S. - Barhara (Krishnagarh), Dist. - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in connection with Barhara (Krishnagarh) P.S. Case No. 348 of 2023 for the offence registered under section 394 of the Indian Penal Code and later on section 412, 344 and 411 of the Indian Penal Code and section 25(1-b)a and 26 of the Arms Act added lodged on 07.06.2023 by the informant, Md. Bhola.

3. As per the prosecution story, the informant alleged that when he had gone to purchase mangoes, a motorcycle with three accused persons intercepted and on the point of country made pistol and after assault took away Rs. 5,000/- and 'Aadhar Card' later, they escaped. The informant having been assaulted

Patna High Court CR. MISC. No.10733 of 2024(2) dt.12-03-2024 2/2 was admitted to the hospital. Accordingly, the FIR.

4. Learned Counsel for the petitioner submits that his name has come in the confessional statement of Thakur Yadav and the motorcycle does not belong to him.

5. Learned APP for the State, on the other hand, pointed out that he had criminal antecedent of the same nature.

6. Taking into account the aforesaid facts that the petitioner's name has come in the confessional statement and he has two criminal antecedent of the same nature, it would be appropriate that he seeks bail.

7. Cr. Misc. No. 10733 of 2024 stands rejected. (Rajiv Roy, J) Neha/- U T