Patna High CourtCR. MISC./11061/2016rejected

Md. Guddu @ Vikki v. The State Of Bihar

2016-04-18Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11061 of 2016 Arising Out of PS.Case No. -197 Year- 2014 Thana -KHARAGPUR District- MUNGER ====================================================== Md. Guddu @ Vikki Son of Bhikhan @Kutus Resident of Bari Durga Ashtan P/s Kharagpur District Munger.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 461 and 379 of the Indian Penal Code. Late on Section 411 of the Indian Penal Code. Prosecution case is that accused persons broke open the shutter of the medical shop of the informant and took away some articles from there.

It is submitted on behalf of the petitioner that he has been falsely implicated in the present case. There is no substantive evidence to implicate the petitioner in the present case. The name of the petitioner has come on the basis of confessional statement of the co-accused. There is no recovery of incriminating articles. On behalf of the State, it is submitted that name of the petitioner has come in course of investigation on the basis of confessional statement of the co-accused from whose possession the theft property is said to have been recovered. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner, same is rejected.

Patna High Court Cr.Misc. No.11061 of 2016 (2) dt.18-04-2016 2/2 Any how, if petitioner surrenders in the court below, i.e., learned S.D.J.M., Munger, in connection with Kharagpur P. S. Case no. 197 of 2014 within a period of six weeks from the date of receipt of a copy of this order and prays for regular bail, same shall be considered and disposed of preferably on the same day on its own merit without being prejudiced by this order. (Sudhir Singh, J) sudip/- U T