Sambhu Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43878 of 2017 Arising Out of PS.Case No. -440 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================

1. Sambhu Yadav

2. Guddu Yadav, Both Sons of Dwarika Yadav, R/o Village- Bhawani Bigha, P.S.- Chiksaura, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Singh For the Opposite Party/s : Mr. Sri Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-09-2017 Heard both sides.

The petitioners apprehend their arrest in Hilsa P.S. case No. 440 of 2017 under Section 395, 412 of the Indian Penal Code.

The learned counsel for the petitioners submits that petitioners are not named in the FIR. The name of petitioners figured in the case in the confession of co-accused Feku Yadav @ Fekan and from possession of Fekan looted articles were recovered. The house of petitioners was also searched and many articles were recovered. It is submitted that no article was put on test identification parade and there is no material to show that petitioners committed dacoity in the house of informant but it

Patna High Court Cr.Misc. No.43878 of 2017 (2) dt.22-09-2017 2/2 appears that name of petitioners figured in the case and from the house of petitioners many articles were recovered, which are alleged to have looted one.

Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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