Patna High CourtCR. MISC./36279/2019dismissed

Ankur Kumar Paswan v. The State Of Bihar

2019-09-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36279 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== ANKUR KUMAR PASWAN Son of Baleshwar Paswan Resident of Village - Sohasa, P.S.- Kochas, District- Rohtas, (Sasaram) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S.N.P.Sinha, Sr. Adv.

Mr. Rajiva Ranjan For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bhabhua P.S.Case No.112 of 2019 registered for offences punishable under Section 395 of the Indian Penal Code and Section 27, 35(1-B), 26 and 35 of the Arms Act. Prosecution case is that while the informant was going along with his Nati on Magic Vehicle with Rs.06 lac, some miscreants stopped the vehicle and snatched Rs.06 lac on the point of pistol. Name of the petitioner transpired on confessional statement of the co-accused persons.

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and except the confessional statement, there is nothing against him.

Patna High Court CR. MISC. No.36279 of 2019(4) dt.17-09-2019 2/2 Heard learned A.P.P. , who has opposed the prayer for bail on the ground that now process under Section 82 of the Cr.P.C. has also been exhausted against him and moreover custodial interrogation of the petitioner is required as the case is under Section 395 of the IPC and his name transpired on the confessional statement..

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court. With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T