Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34988 of 2020 Arising Out of PS. Case No.-155 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== Sushil Kumar Son of Sohan Mahto Resident of Village-Bangra, P.S.-Kanti, District-Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nachiketa Jha, Adv.

For the Opposite Party/s :

Mr.S.M.Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2021 Heard both sides.

The petitioner apprehends his arrest in Karja P.S. Case No.155 of 2020 registered under Section 395 of the Indian Penal Code.

The informant, Ashok Rai, Nosalman of petrol pump in sum and substance alleged that on the date of occurrence, five persons came on two motorcycles. One of them took petrol of Rs.150/- but thereafter one person on the point of pistol assaulted the informant and his companion Nosalman and snatched Rs.21,479/- from the pocket of the informant and Rs.11,367/- from the pocket of Sanjay Kumar, another Nosalman. They also snatched the mobile of Sanjay Kumar, Nosalman and fled away towards Marwan.

The learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.34988 of 2020(3) dt.03-05-2021 2/2 petitioner is not named in the F.I.R. Nothing has been recovered from the possession of the petitioner. During the course of investigation, one Lal babu disclosed the name of the petitioner on the basis of which, the name of the petitioner surfaced in the case. Save and except the confession of Lal Babu, there is no material in the entire case diary but it appears that during the course of investigation, investigating officer verified C.C.T.V. camera installed at the petrol pump and on perusal of the same, it appears that petitioner along with five accused persons committed robbery with Nosalmans of the petrol pump. Taking into consideration the facts aforesaid, I do not find the case fit for grant of anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected. The petitioner, if so advised, may surrender in the court below and on such, learned court below shall dispose of the regular bail petition of the petitioner on its own merit without being prejudiced by the order of this Court.