Babloo Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15423 of 2020 Arising Out of PS. Case No.-320 Year-2019 Thana- AGAMKUAN District- Patna ====================================================== BABLOO KUMAR, aged about 24 years, Male, Son of Late Rama Choudhary, Resident of Village - Bahari, Begampur, P.S.- By-Pass, DistrictPatna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Shyamal Prakash For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-09-2020 Heard Mr. Shyamal Prakash, learned counsel for the petitioner and Mr. Aditya Narayan Singh No.1, learned Additional P.P. through video conferencing.

The petitioner apprehends his arrest in Agam Kuan P.S. Case No.320 of 2019, registered under Section 394 of the Indian Penal Code.

The informant lodged the case against unknown alleging therein that his employee Mr. Jay Prakash Gupta working in Ankit Paper Mart was coming from Chhapra after collecting dues from the customers but when he reached near Agamkuan bus stop, the bag containing Rs.6,00,000/- was snatched by the miscreants after assaulting him brutally. Jay Prakash Gupta became unconscious and, therefore, he was not in a position to make statement.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner surfaced in the case in the confessional statement of one Raja

Patna High Court CR. MISC. No.15423 of 2020(2) dt.15-09-2020 2/2 Kumar made in Agamkuan P.S. Case No.868 of 2019, on the basis of which the petitioner has been made accused in the present case as well as in Agamkuan P.S. Case No.816 of 2019 and Agamkuan P.S. Case No.868 of 2019. It is further submitted that the petitioner has got enmity with the Officer-in-Charge of Agamkuan Police Station and that is why he has been made accused in the criminal cases merely on the basis of confessional statement of co-accused, but it appears that it is a case of broad day robbery and the bag containing Rs.6,00,000/- was snatched from Jay Prakash Gupta. The miscreants also assaulted him and made him unconscious.

The name of the petitioner of course surfaced in the confessional statement of coaccused but the nature of the offence requires the accused to be put on TIP for identification by the informant or other witnesses. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected. (Prabhat Kumar Jha, J) S.