Upendra Mahto @ Mukhiya v. The State Of Bihar

Patna High Court Cr.Misc. No.52834 of 2015 (2) dt.22-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52834 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Upendra Mahto @ Mukhiya, Son of Late Komal Mahto, Resident of Village- Basantpur, Police Station- Kako, District- Jehanabad. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Anita Kumari Singh, Advocate For the Opposite Party : Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Makhdumpur (Tehta) P.S. Case No. 142 of 2015 pending in the Court of Judicial Magistrate, Ist Class, Jehanabad for the offences instituted under Sections 397, 412 and 120B of the Indian Penal Code.

The prosecution case in short is that in between the night of 19/20.05.2015, some 8-10 miscreants committed dacoity in the house of the informant and looted away cash amount, mobile and jewellery on the point of gun.

It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. Except

Patna High Court Cr.Misc. No.52834 of 2015 (2) dt.22-02-2016 for the confessional statement of the co-accused, there is no other material to suggest the implication of the petitioner. The other coaccused have been granted regular bail by this Court. On behalf of the State, it has been submitted that the name of the petitioner has come in course of the investigation and he has one more case of a similar nature.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T