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Patna High CourtCR. MISC./49217/2015disposed

Pravesh Saw @ Pravesh Sah v. The State Of Bihar

2015-11-09Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49217 of 2015 Arising Out of PS.Case No. -147 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Pravesh Saw @ Pravesh Sah son of Asho Sah R/o vill Nandiha, P.S. Khaira, Dist. Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 09-11-2015 Heard both sides.

Petitioner apprehends his arrest in connection with Khaira P.S. case no. 147 of 2015 registered under Sections 394 of the IPC It is a case of highway robbery. Allegation is that when the informant was returning home on a tempo with the sale proceeds of Mung dal the driver and other companion talked on diverse occasions on phone. When the tempo reached near the culvert, it is alleged that four accused persons surrounded the tempo at gun point and his belongings including the cash were looted. One of the accuseds was subsequently arrested who made a confessional statement. In his confessional statement the name of the petitioner transpired. The investigation is going on. Contention of the petitioner is that only on the basis

Patna High Court Cr.Misc. No.49217 of 2015 (2) dt.09-11-2015 2/2 of the confessional statement the prosecution suspects the hand of the petitioner. Petitioner has no criminal antecedent. Learned AAP opposed the prayer and submitted that other accused persons of this case have surrendered and prayed for bail and some of them have been released on regular bail. Considering the seriousness of the allegations and the fact that the matter is under investigation, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. Prayer is refused.

Petitioner may surrender and seek regular bail. In case the same is preferred the Court below shall consider the same on its own merit uninfluenced by the present order. (Kishore Kumar Mandal, J) Shyam/- U T