Ram Ishwar @ Ishwar Mallah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16628 of 2023 Arising Out of PS. Case No.-201 Year-2022 Thana- GUTHANI District- Siwan ====================================================== RAM ISHWAR @ ISHWAR MALLAH Son of Ram Shevak Mallah Resident of Village - Dumrahar Khurd, P.S.- Darauli, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-08-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offence punishable under Section 395 of the Indian Penal Code.

3. As per allegation, 15 dacoits entered into the house of the informant and looted a number of ornaments and cash of Rs. 50,000/-.

4. It is submitted that petitioner is not named in the F.I.R. and he has been made accused on the basis of confessional statement of co-accused. No looted article has been recovered from possession of the petitioner. Except confessional statement there is no other material to show the connivance of the petitioner in the alleged dacoity.

5. Learned A.P.P. for the State opposes the prayer for

Patna High Court CR. MISC. No.16628 of 2023(3) dt.03-08-2023 2/2 bail and submits that there is allegation of commission of dacoity against the petitioner and he has got four criminal antecedents.

6. Considering the nature of allegation and criminal antecedents, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T