Shivam Kumar @ Bhola Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32011 of 2017 Arising Out of PS.Case No. -184 Year- 2015 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Shivam Kumar @ Bhola Singh, Son of Tuna Singh, Resident of Chiranjivipur Shahpur, P.S.- Bachavada, District- Begusarai. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Alok Kumar Sinha, Advocate For the Opposite Party : Mr. Sri Kanhaiya Kishore (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 184 of 2015, registered for the offence punishable under Section 394 of the Indian Penal Code. The petitioner is not named in the F.I.R. During investigation, his name transpired in the confessional statement of co-accused Ritlal Mallik and Munna Jha.

Submission is of false implication and that nothing has been recovered from the house of the petitioner. There is no legal evidence against the petitioner and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest

Patna High Court Cr.Misc. No.32011 of 2017 (3) dt.21-08-2017 2/2 bail by submitting that the T.I.P. is required in this case. In the facts and circumstances as stated above, as investigation is still going on and, as such, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Bibhutipur P.S. Case No. 184 of 2015, pending in the Court of learned A.C.J.M., Rosera, District- Samastipur.

(Jitendra Mohan Sharma, J.) Rajiv/- U T