Patna High CourtCR. MISC./42321/2019rejected

Batkhari Musahar v. The State Of Bihar

2019-07-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42321 of 2019 Arising Out of PS. Case No.-92 Year-2016 Thana- BHAGWANPUR District- Kaimur (Bhabua) ====================================================== BATKHARI MUSAHAR Son of Nifikir Musahar Resident of VillageChaurasiya, P.S.-Mohania, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan For the Opposite Party/s :

Mr.Ansar Ul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2019 Heard both sides.

The petitioner apprehends his arrest in Bhagwanpur P.S. case No. 92 of 2016 registered under Section 457, 380 of the IPC.

The informant lodged the case against unknown for theft in his house.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. Nobody has seen the petitioner committing the theft. During the course of investigation name of the petitioner figured in the case on the basis of confessional statement of co-accused Surendra Mushar that petitioner is his one of the accomplices. Save and except confessional statement of co-accused there is no tangible

Patna High Court CR. MISC. No.42321 of 2019(2) dt.09-07-2019 2/2 evidence but it appears from perusal of the order of the learned Sessions Judge that one of the villagers in paragraph 55 of the case diary disclosed that he saw the petitioner and other accused persons going along with theft articles. On such the police also went in search of the petitioner and other accused persons and Surendra Mushar was arrested and he also confessed his guilt and disclosed that petitioner was also one of the members of the gang who committed theft in the house of informant. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T