Nazir Miyan @ Md. Nazir @ Najir Ansari @ Md. Nazir Miyan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22444 of 2019 Arising Out of PS. Case No.-13 Year-2016 Thana- RAMGARHWA District- East Champaran ====================================================== Nazir Miyan @ Md. Nazir @ Najir Ansari @ Md. Nazir Miyan, Son of Md. Islam @ Gulten Miyan Resident of Village- Kajipura, P.S.- Piprakothi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-05-2019 This is an application for grant of anticipatory bail in connection with Ramgarhwa P.S. Case No.13 of 2016 disclosing offences under Sections 395 and 397 of the Indian Penal Code. According to the prosecution case, a Tanker bearing registration No.NA4KH3152 loaded with 20,000 liters diesel was captured by the accused persons and on the point of pistol looted away the loaded tanker and later on tanker was recovered and some accused persons were arrested. In the confessional statement of the accused persons, name of the petitioner surfaced.
Submission of the learned counsel for the petitioner is that petitioner has no criminal antecedent and as such, except the confessional statement there is nothing against the petitioner. Heard learned A.P.P. also who has opposed the prayer
Patna High Court CR. MISC. No.22444 of 2019(3) dt.14-05-2019 2/2 for bail on the ground that the materials collected during the course of investigation the active participation of the petitioner was found in the confessional statement of the accused persons. Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner may move before the learned court below for regular bail.
With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) sunil/- U T