Shiv Sao @ Shiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60068 of 2017 Arising Out of PS.Case No. -112 Year- 2014 Thana -HASPURA District- AURANGABAD ====================================================== Shiv Sao @ Shiv Kumar, Son of Sri Nand Lal Sao @ Nand Lal Sao Soni Resident of Village +P.O. Usari Bazar( Usri), Mehandiya, District- Arwal (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Sinha For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 12-12-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code.

The prosecution case is that on 16.11.2014 theft of armaments worth Rs.10-12 lakhs and documents of landed property and other items were committed in the house of the informant. On 17.11.2014 the informant came to know about the theft then he lodged the FIR. The FIR was lodged against unknown but during investigation the name of the petitioner sprang up.

Patna High Court Cr.Misc. No.60068 of 2017 (2) dt.12-12-2017 2/2 It is submitted by learned counsel for the petitioner that the name of the petitioner sprang up only on suspicion on the basis of confessional statement of co-accused Sidhnath Soni, but there is no recovery from the petitioner. Keeping in view the fact that the petitioner is accused in two other cases of similar nature, this Court is not inclined to grant anticipatory bail to the petitioner. However, keeping in view the fact that the petitioner's name sprang up only on the basis of confessional statement of co-accused and there is no recovery from the petitioner, it is a case for consideration of prayer for regular bail by the learned Court below, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Haspura P.S. Case No. 112 of 2014 pending in the court of learned Sub-divisional Judicial Magistrate, Daudnagar, Aurangabad.

With the aforesaid observation, this application is disposed of.

(Dinesh Kumar Singh, J) DKS/- U T