Patna High CourtCR. MISC./11153/2016dismissed

Raj Kumar Paswan v. The State Of Bihar

2016-04-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11153 of 2016 Arising Out of PS.Case No. -7 Year- 2013 Thana -MADANPURA District- AURANGABAD ======================================================

1. Raj Kumar Paswan Son of Late Anahach Paswan, R/o Village- Simwa, P.S.- Rafiganj, Distt- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kr Singh No. 6 For the Opposite Party/s : Mr. M.K. Khare(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2016 Heard learned counsel for the petitioner and the State.

The petitioner is apprehending his arrest in connection with Madanpur P.S.Case No. 07 of 2013 for the offence under Section 395 of the Indian Penal Code, pending in the court of learned C.J.M., Aurangabad (Bihar). It is alleged by the informant that on 7.1.2013, 10 to 12 unknown miscreants committed dacoity in the house of the informant and his co-villagers as well as in the house of one Dhirendra Ram. In all dacoity the miscreants looted cash, ornaments and other house hold articles on the point of fire arm. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner is not

Patna High Court Cr.Misc. No.11153 of 2016 (2) dt.25-04-2016 2/2 named in the FIR. It is further submitted that some of the coaccused are said to have been arrested from the house of the petitioner. Except this, there is no other material against the petitioner to suggest the implication of the petitioner in the present case.

On behalf of the State it is submitted that the petitioner is not named in the FIR but he has facilitated the other co-accused in commission of dacoity.

Considering the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner and same is rejected.

Any how, if the petitioner surrenders in the court below and pray for regular bail, same shall be considered on its own merit without being prejudiced this order of rejection. (Sudhir Singh, J) singh/- U