Patna High CourtCR. MISC./51507/2015disposed

Juli Dom And ANR v. The State Of Bihar

2015-11-10Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51507 of 2015 Arising Out of PS.Case No. -172 Year- 2015 Thana -NATHNAGAR District- BHAGALPUR ======================================================

1. Juli Dom Son of Ajab Lal Dom

2. Binay Dom Son of Late Wakil Dome Residents of near Sukhraj High School, P.S. Nathnagar, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Mr. Md.Sufiyan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2015 Heard the Counsel for the petitioner and the APP for the State.

Petitioners are named accused in Nathnagar (Lalmatiya) P.S. Case No. 172 of 2015 wherein allegation is that they conjointly committed robbery of a sum of Rs. 4,000/- from the shop. The police, in the meanwhile, arrested from the different place one of the co-accused of the present case on whose possession Rs. 4,000/- and odd amount was recovered along with loaded country made pistol.

It is stated that the co-accused, from whose possession the amount was recovered, has not named the petitioners. The staff of the shop who named the petitioners does not belong to the place and therefore it does not stand to reason as to how he could name the petitioners. There is no antecedent of the petitioners.

Patna High Court Cr.Misc. No.51507 of 2015 (2) dt.10-11-2015 2/2 Be that as it may, considering the allegation made in the F.I.R. and the fact that immediately thereafter one of the coaccuseds was arrested with the robbed amount, I am not persuaded to privilege the petitioner with anticipatory bail. Prayer is rejected. Petitioner may surrender and seek regular bail. In that event, the Trial Court shall consider their bail application on its own merit unprejudiced by the present order.

(Kishore Kumar Mandal, J) Pankaj/- U T