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Patna High CourtCR. MISC./9375/2019rejected

Sonu Kumar @ Sonu Yadav v. The State Of Bihar

2019-02-19Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9375 of 2019 Arising Out of PS. Case No.-304 Year-2018 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Sonu Kumar @ Sonu Yadav, aged about 19 years, Male, Son of Ramdev Kumar, Resident of Village Salarpur, P.S. Parbatta, District Khagaria. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 19-02-2019 Heard both sides.

The petitioner apprehends his arrest in Jagdishpur P.S. Case No.304 of 2018, registered under Section 395 of the Indian Penal Code.

The informant alleged that the accused persons, seven in numbers, robbed him and his belongings.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR but the name of the petitioner surfaced in the case in the confessional statement of co-accused Tinku Yadav but it appears that the informant claimed to identify the accused and the case is registered under Section 395 of the Indian Penal Code, which requires the test identification of the accused after being arrested.

Taking into consideration the facts aforesaid, I am not

Patna High Court Cr.Misc. No.9375 of 2019(2) dt.19-02-2019 2/2 inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Prabhat Kumar Jha, J) S.KUMAR/- U T