Patna High CourtCR. MISC./28679/2016rejected

Dinesh Paswan @ Binesh Paswan And ANR v. The State Of Bihar

2016-09-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28679 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -GURUA District- GAYA ======================================================

1. Dinesh Paswan @ Binesh Paswan S/o Baldeo Paswan

2. Vikky Paswan S/o Dinesh Paswan @ Binod Paswan Both resident of Village- Mallah Tola, Baiju Bigha, P.S.- Gurua, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar Sharma, Advocate.

For the Opposite Party : Mr. Ataur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-09-2016 Learned counsel for the petitioners seeks permission to withdraw anticipatory bail petition of petitioner no. 1 who has already been arrested.

Accordingly, prayer for anticipatory bail petition on behalf of petitioner no. 1 Dinesh Paswan @ Binesh Paswan is dismissed as has become infructuous.

Heard both sides.

The petitioner no. 2 Vikky Paswan apprehends his arrest in Gurua P.S. Case No. 03 of 2016 registered for the offences punishable under Sections 412, 413 and 34 of the Indian Penal Code.

The informant ASI Gurua police station alleged that after seeing the police jeep 5 - 6 persons started fleeing away but

Patna High Court Cr.Misc. No.28679 of 2016 (3) dt.28-09-2016 2/2 on chase two persons were apprehended who disclosed their names as Shiv Ratan Paswan and Ramjit Kumar. The apprehended accused persons disclosed the name of their accomplices namely Dinesh Paswan @ Binesh Paswan, Vikky Paswan the petitioner no. 2 and Santan Mallah who managed to flee away. On the basis of confession of the apprehended accused stolen idol of Lord Ganesha was recovered from the house of Shiv Ratan Paswan. Considering the facts aforesaid and the fact that on the spot itself, the apprehended accused disclosed the name of petitioners who managed to flee away and disclosed that they were indulge in committing theft, I am not inclined to enlarge the petitioner no. 2 Vikky Paswan on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T