Yogendra Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21476 of 2017 Arising Out of PS.Case No. -155 Year- 2016 Thana -BHELDI District- SARAN ======================================================

1. Yogendra Baitha S/o late Babu Lal Baitha Resident of Village- Takaya, P.S. Bheldi, District Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Rajeev For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 01-07-2017 As prayed by the Counsel for the petitioner, let appropriate corrections be made in the prayer portion of the application in course of the day.

Heard the Counsel for the petitioner and Mr. Dayal, APP for the State. A supplementary affidavit is filed stating the antecedent of the petitioner which is taken on record. The petitioner is facing accusations punishable under Sections 395 and 397 of the Indian Penal Code vide Bheldi P.S. Case No. 155 of 2016.

While the informant was returning from the Bank after withdrawing cash, it is alleged that five unknown accused persons intercepted and robed him of his money and also fired causing injury in his thigh. Contention is that neither the petitioner is named nor there is any T.I. Parade.

Patna High Court Cr.Misc. No.21476 of 2017 (2) dt.01-07-2017 2/2 Learned A.P.P. opposed the prayer and drew attention of the Court to the relevant part of the impugned order which strongly incriminate the petitioner in the crime. Considering the seriousness of the allegation and other materials available on record as also the antecedent of the petitioner, this Court is not persuaded to grant the application. Prayer is, accordingly, rejected.

(Kishore Kumar Mandal, J) Pankaj/- U T