Patna High CourtCR. MISC./43611/2015dismissed

Manish Kumar v. The State Of Bihar

2015-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43611 of 2015 Arising Out of PS.Case No. -318 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Manish Kumar, S/O Shri Rajeev Rajak, resident of Village-Kundi Tola, P.S. Nathnagar, District-Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvesh Kumar Singh For the Opposite Party/s : Mr. Anish Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2015 Heard both sides.

Petitioner apprehending his arrest in Kotwali (Adampur) P.S. Case No. 318 of 2015 registered for the offences punishable under Sections 395, 397 and 412 of the Indian Penal Code. The F.I.R is lodged for committing dacoity in Rural Bank against unknown. During the course of investigation, on the basis of the CCTV footage situated in the house of a doctor near the bank, many persons were identified. The identified accused Jangli Kumar Sah, disclosed that he gave more than Rs. 2,00,000/- to the petitioner and rest of the amount to his wife. Mr. Sarvesh Kumar Singh, the learned counsel for the petitioner submits that the Jangali Kumar Sah, did not disclose the parentage of the petitioner, even the petitioner had no knowledge

Patna High Court Cr.Misc. No.43611 of 2015 (4) dt.14-12-2015 2/2 about the theft or looted money. He simply borrowed money from Jangali Kumar Sah. No offence under Sections 395 or 412 of the Indian Penal Code is made out.

Having considered the facts that Jangali Kumar sah, was duly identified after verifying the CCTV footage situated near the place of occurrence in the house of doctor, Jangali Kumar Sah disclosed that he gave money to his wife and also more than Rs.2,00,000/- to the petitioner Manish Kumar some of the money was recovered, I am not inclined to enlarge the petitioner above named on anticipatory bail.

Accordingly the same is rejected.

(Prabhat Kumar Jha, J) siddharth/- U