Happy Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62154 of 2018 Arising Out of PS. Case No.-46 Year-2018 Thana- ATHMALGOLA District- Patna ====================================================== Happy Kumar Son of Sadhu Singh @ Awadhesh Singh Resident of VillageSirsi , Police Station- Bakhtiyarpur, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Mr.Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioner apprehends his arrest in Athmalgola P.S. case No. 46 of 2018 registered under Section 392/34 of the Indian Penal Code.

The informant lodged the case against unknown for robbing of his motor cycle and cash.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The house of the petitioner was searched and his father Sadhu Singh and Saurabh Kumar @ Bahira were apprehended and from the house many looted articles were recovered. The name of the petitioner figured in the confessional statement of Saurabh Kumar. It transpired that Saurabh Kumar categorically stated that petitioner robbed the informant and kept the articles in his house and on raid father of

Patna High Court Cr.Misc. No.62154 of 2018(3) dt.25-01-2019 2/2 the father of petitioner and Saurabh Kumar were apprehended for which a separate case was registered.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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