Patna High CourtCR. MISC./33921/2016rejected

Chotu Kumar @ Ganga Putra @ Chhotu Kumar v. The State Of Bihar

2016-10-04Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33921 of 2016 Arising Out of PS.Case No. -61 Year- 2015 Thana -SHASTRINAGAR District- PATNA ====================================================== Chotu Kumar @ Ganga Putra @ Chhotu Kumar, Son of Bhola Rai, Resident of Mohalla- Jhoparpatti, Road No. 4, Shashtrinagar, P.S.- Shashtrinagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Priyank Deepak, Adv. For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 4.

04-10-2016 Heard both sides.

The petitioner apprehends his arrest in Shashtrinagar P.S. Case No. 61/2015, registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code. Sunil Kumar Choudhary the owner of Milk Parlour alleged that when he went to his Milk Parlour to receive the carriage of milk supply, he found the lock broken and many articles were stolen from the shop including cash of Rs. 32,000/- and CCTV camera which were installed in the Milk Parlour. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R., Nothing has been recovered from the possession of the petitioner. The name of petitioner figured in the

Patna High Court Cr.Misc. No.33921 of 2016 (4) dt.04-10-2016 2/2 confessional statement of Jitan Sahni. Save and except confession there is no material against the petitioner.

It appears that Jitan Sahni confessed his guilt and from his house different stolen articles were recovered. He committed theft in the Milk Parlour along with the petitioner and other accused persons. Petitioner has got criminal antecedent. Considering the facts aforesaid and the fact that petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T