Mithun Tanti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35714 of 2016 Arising Out of PS.Case No. -161 Year- 2015 Thana -RAJAUN District- BANKA ======================================================
1. Mithun Tanti Son of Badri Tanti Residen of village- Tardih, P.S.- Amarpur, District- Banka .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-09-2016 Heard learned counsel for the petitioner and the State.
Petitioner is apprehending his arrest in a case registered for the offences punishable under Section 394 of the Indian Penal Code.
The prosecution case is that the informant's mobile and motorcycle were robbed by three motorcycle born miscreants. Subsequently, the name of the petitioner sprang up on confession of co-accused Arvind Yadav.
It is submitted by the learned counsel for the petitioner that as per own confession of Arvind Yadav, at the time of occurrence, on the motorcycle three persons used to travel on motorcycle it was himself, Bipin Yadav and Rajesh Yadav. Arvind Yadav is inimical terms with the petitioner since the petitioner was not allowing the Arvind Yadav to use his
Patna High Court Cr.Misc. No.35714 of 2016 (2) dt.02-09-2016 motorcycle due to his criminal activities. Even assuming the confession, it only transpired that petitioner was not accompanied of Arvind Yadav prior to the actual incident of robbing. Statement has been made in para-3 of the petition that petitioner has no criminal antecedent.
The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioners surrender before the learned court below within a period of six weeks from today in connection with Rajoun P.S. Case No. 161 of 2015, pending in the court of learned Chief Judicial Magistrate, Banka.
With this observation this application is disposed of.
(Dinesh Kumar Singh, J) P.K./- U T