Patna High CourtCR. MISC./49182/2014dismissed

Raushan Kumar @ Raushan Kumar Mishra v. The State Of Bihar

2015-07-02Mr. Justice Dharnidhar Jha2 pages

Patna High Court Cr.Misc. No.49182 of 2014 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49182 of 2014 Arising Out of PS.Case No. -316 Year- 2013 Thana -MOTIPUR District- MUZAFFARPUR ======================================================

1. Raushan Kumar @ Raushan Kumar Mishra Son of Ram Naresh Mishra Resident of Village - Panapur, P.S. - Minapur, District - Muzaffarpur, Bihar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Ganesh For the Opposite Party/s : Mr. C.Sen Prasad Singh (App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 02-07-2015 Heard.

The petitioner seeks anticipatory bail in connection with Motipur P.S.Case No.316 of 2013 pending before SDJM (West), Muzaffarpur under Sections 392 and 395 Indian Penal Code. Submission is that he is not named in the FIR. His name appeared in the confessional statement of co-accused Komal Sharma and now the police are hunting for him to arrest him. In cases of robbery or dacoity the FIR is generally against unknown. It is suspicion upon which some suspects are arrested and it is again their confession which leads to some more names who are arrested and investigation in respect of their complicities is proceeded with. If anticipatory bail is granted to a person not named in the FIR of a case under Section 392 or 395

Patna High Court Cr.Misc. No.49182 of 2014 (3) dt.02-07-2015 Indian Penal Code, it shall impede the investigation as on account of obtaining an order under Section 438 Cr.P.C. the accused may not be taken on police remand for questioning so as to gather some more clues and thus to proceed in further investigation of the case. Again, such a suspect could never be put on Test Identification Parade even when the police had urgently required to hold such a parade.

Petition appears meritless and the same is dismissed. (Dharnidhar Jha, J) B.Kr./-Saif.

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