Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48936 of 2023 Arising Out of PS. Case No.-76 Year-2021 Thana- SAHIYARA District- Sitamarhi ====================================================== Santosh Kumar S/O Udit Mahto R/O Village- Jaynagar, P.S- Sonbarsa, Distt.- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-10-2023 Heard Mr. Ranjeet Kumar Mishra, learned counsel for the petitioner as well as Mr. Damodar Prasad Tiwary, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Sahiyara P.S. Case No.76 of 2021, F.I.R. dated 11.06.2021 registered for the offence punishable under Sections 392 of the Indian Penal Code.

3. The allegation against the petitioner is to commit robbery and while committing so, taken away Rs.3,50,000/- (Rupees Three Lakh Fifty Thousand) in cash, belongs to informant.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent. He has falsely been implicated in the present case and petitioner has not named in the FIR and name has been transpired in this case on the basis of the confessional statement of co-accused person, namely, Priyanka

Patna High Court CR. MISC. No.48936 of 2023(3) dt.03-10-2023 2/2 Kumari. Further submits except confessional statement of coaccused, there is nothing on record to demonstrate the complicity of the present petitioner with the alleged occurrence.

5. Learned APP for the State, on the other hand on the basis of the material available in the case diary has vehemently opposed the prayer for anticipatory bail of the petitioner and submits that the co-accused has confessed his guilt in the present occurrence and she has fairly stated that the petitioner has also received the amount which was looted in the present occurrence and Rs.1,25,000/- has been recovered from the house of the co-accused person, namely, Priyanka Kumari.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on anticipatory bail in connection with Sahiyara P.S. Case No.76 of 2021 pending in the court of learned Chief Judicial Magistrate, Sitamarhi.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Prakash Narayan U T