← Library
Patna High CourtCR. MISC./157/2018rejected

Manish Kumar v. The State Of Bihar

2018-01-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.157 of 2018 Arising Out of PS.Case No. -54 Year- 2016 Thana -JAYRAMPUR District- SEKHPURA ======================================================

1. Manish Kumar, S/o Sanjay Prasad, Resident of Village- Pakpar, P.S.- Jayrampur, District- Sheikhpura.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinod Kumar For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-01-2018 Heard both sides.

The petitioner apprehends his arrest in Jayrampur P.S. case No. 54 of 2016 for the offences punishable under Section 394 of the Indian Penal Code.

The informant alleged that the accused persons signaled them to stop the truck but when the driver of the truck did not stop the truck the accused persons broke the looking glass and on account of congestion on the road the accused persons entered into cabin of the truck and after assaulting the informant, driver of the truck and other occupants of the truck snatched Rs. 24,000/- from their possession.

The learned counsel for the petitioner submits that petitioner is, of course, named in the FIR but the villagers

Patna High Court Cr.Misc. No.157 of 2018 (2) dt.17-01-2018 2/2 disclosed the name of petitioner. The informant did not identify the petitioner. The informant entered into compromise with Pradip Kumar and Sonu Kumar and filed compromise petition in the court below stating that Pradip Kumar and Sonu Kumar did not participate in the occurrence.

It appears that it is a case of highway robbery. The informant named the petitioner along with other accused persons but the petitioner and others are involved in tampering with the evidence.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T