Patna High CourtCR. MISC./31361/2014rejected

Somar Yadav v. The State Of Bihar

2015-03-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31361 of 2014 Arising Out of PS.Case No. -111 Year- 2013 Thana -SHAKURABAD District- JEHANABAD ======================================================

1. Somar Yadav son of Sri Surdan Yadav resident of village - Mirganj, P.S. Shakurabad, District - Jehanabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Paras Nath, Advocate. For the Opposite Party/s : Mr. Ashok Kumar Singh-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-03-2015 Heard both sides.

The petitioner seeks bail in Shakurabad P.S. Case No. 111 of 2013, registered for the offences punishable under Section 392 of the Indian Penal Code.

The informant alleged that the petitioner along with Birendra Yadav came to his shop and committed robbery. On chase the petitioner and Birendra Yadav were apprehended and handed over to the police.

Learned counsel for the petitioner submits that Birendra Yadav was apprehended by the informant and others but the police let him off and did not lodge the case. On subsequent day the case was lodged falsely implicating the petitioner in the case. On perusal of the records, it appears that there is very

Patna High Court Cr.Misc. No.31361 of 2014 (5) dt.30-03-2015 2/2 specific allegation against the petitioner that he along with Birendra Yadav committed robbery in the shop of the informant and on chase the petitioner and Birendra Yadav both were apprehended. Birendra Yadav fled away from the custody of the police although the police did not register any case. It appears that the petitioner has got criminal antecedent and as many as 12 criminal cases are pending against him.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

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