Patna High CourtCR. MISC./38283/2015disposed

Anuj Sah @ Anuj Kumar v. The State Of Bihar

2015-09-24Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38283 of 2015 Arising Out of PS.Case No. -139 Year- 2013 Thana -MAHESI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Anuj Sah @ Anuj Kumar, Son of Ajay Sah Resident of Village- Mirjapur Dhobahi, P.S.- Sheohar, District- Sheohar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Tiwari, Advocate For the Opposite Party/s : Mr. Ganesh Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-09-2015 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 395 of the Indian Penal Code.

Prosecution case is that dacoity was committed in the house of the informant. On protest being made, the father the informant was assaulted.

It is submitted by the learned counsel for the petitioner that First Information Report was lodged against unknown. The name of the petitioner sprang up on the confession of co-accused as person purchased robed ornaments.

It is submitted that even assuming the accusation at best the case under Section 414 is made out. Statement has been made in para-3 of the petition that

Patna High Court Cr.Misc. No.38283 of 2015 (2) dt.24-09-2015 petitioner has no criminal antecedent. Hence, even assuming the material collected during investigation, no offence under Section 395 of the Indian Penal Code is made out against the petitioner.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioners, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Mahsi P.S. Case No. 139 of 2013, pending in the court of learned Chief Judicial Magistrate, Sadar, East Champaran, Motihari. With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T