Surendra Kumar @ Surendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24461 of 2024 Arising Out of PS. Case No.-867 Year-2018 Thana- BANKA District- Banka ====================================================== Surendra Kumar @ Surendra Yadav S/o Maleshwari Yadav @ Maleshwar Yadav R/o VILLAGE- MANGRA, POLICE STATION BANKA, DISTRICT BANKA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in case registered for the offences punishable under Sections 395, 398 of the Indian Penal Code.
3. As per the prosecution case, on 29.12.2018 at about 9 PM, while the informant was coming Katoria to Banka by his truck, 15-20 dacoits stopped the truck of the informant and assaulted him and took away Rs. 32,000/- cash. It is further alleged that the dacoits also looted laptop, ATM and other valuable items of one Ajit Kumar who was coming from his car.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired during course of investigation, on the basis of confessional
Patna High Court CR. MISC. No.24461 of 2024(2) dt.08-05-2024 2/2 statement of co-accused. No incriminating material has been recovered from the conscious possession of the petitioner.
5. However, learned A.P.P. for the State opposed the bail application and submitted that it is a case of highway robbery in which several vehicles were looted and petitioner has got one criminal antecedent of similar nature.
6. Considering the nature of accusation and criminal antecedent, prayer for anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J) Navya/- U T