Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12231 of 2016 Arising Out of PS.Case No. -37 Year- 2015 Thana -FULKAHA District- ARRARIA ====================================================== Azad, Son of Md. Kalu Mian, Resident of Village - Pathraha, Police Station - Fulkaha, District - Araria.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Ansul, Advocate.
For the Opposite Party : Mr. Ram Sumiran Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-06-2016 Heard Mr. Ansul, learned counsel for the petitioner as well as the learned APP for the State.
The petitioner apprehends his arrest in Fulkaha P.S. Case No. 37 of 2015 registered for the offences punishable under Section 392 of the Indian Penal Code.
The FIR is against unknown. The informant alleged that at the point of pistol money was looted from the informant. During the course of investigation, Md. Lal @ Mustkim was apprehended and he confessed his guilt and disclosed the name of the petitioner in pursuance of the confessional statement cash of Rs. 57,000/- and a motorcycle was recovered from the house of Md. Lal @ Mustkim.
It is submitted that other accused persons whose name
Patna High Court Cr.Misc. No.12231 of 2016 (4) dt.24-06-2016 2/2 also transpired in the confessional statement of Md. Lal @ Mustkim have already been granted regular bail. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Fulkaha P.S. Case No. 37 of 2015, pending in the court of the learned Judicial Magistrate, Court No. 5, Araria. Accordingly, the same is rejected.
However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order.
(Prabhat Kumar Jha, J.) KKSINHA/- U T