Patna High CourtCR. MISC./43643/2017rejected

Ashish Ranjan Kumar @ Ashish Ranjan @ Babul @ Babul Kumar v. The State Of Bihar

2018-01-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43643 of 2017 Arising Out of PS.Case No. -9 Year- 2014 Thana -LALGANJ District- VAISHALI (HAJIPUR) ======================================================

1. ASHISH RANJAN KUMAR @ ASHISH RANJAN @ BABUL @ BABUL KUMAR Son of Dilip Kumar Shukla, R/o Village- Atwarpur, P.S.- Lalganj, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Kumari Jyoti For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-01-2018 Heard both sides.

The petitioner apprehends his arrest in Lalganj P.S. case No. 09 of 2014 for the offences punishable under Section 392 of the Indian Penal Code.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The informant lodged the case against two unknown persons alleging therein that they forcibly got up in his pick-up van loaded with spice and they sold away the spice and fled away with pick-up van after tying him with a tree. The learned counsel for the petitioner submits that petitioner was arrested in Lalganj P.S. case No. 33 of 2014 but he was not remanded in this case. The petitioner was not put in T. I. parade.

Patna High Court Cr.Misc. No.43643 of 2017 (4) dt.02-01-2018 2/2 Similarly situated other accused persons have already been granted regular bail.

It appears that, of course, the petitioner is not named in the FIR but the name of petitioner figured in the case on the basis of confessional statement made by him in Lalganj P.S. case No. 33 of 2014. It is a case of highway robbery of a vehicle loaded with spice. The petitioner has got criminal antecedent. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T