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Patna High CourtCR. MISC./2/2018rejected

Arjun Paswan v. The State Of Bihar

2018-01-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2 of 2018 Arising Out of PS.Case No. -60 Year- 2017 Thana -BARUN District- AURANGABAD ====================================================== Arjun Paswan, son of Nageshwar Prasad, Resident of Village-New Diliyan, P.S.-Dehri, District-Rohtas.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 2.

12-01-2018 Heard both sides.

The petitioner apprehends his arrest in Barun P.S. Case No.60 of 2017 registered under Sections 461, 379 and 411 of the Indian Penal Code.

The informant alleged that he took the money from the Bank and kept in the dickey of his motor cycle. Theft was committed in a dickey of motor cycle. The persons, namely, Md. Abbash was apprehended on the spot and from his possession, all theft money was recovered. Md. Abbash disclosed the name of petitioner Arjun Paswan and Bharul Thakur and disclosed that they were accompanying him while committing theft. The learned counsel for the petitioner submits that nothing has been recovered from the possession of the petitioner. Petitioner is on inimical term with Md. Abbash and that is why, he

Patna High Court Cr.Misc. No.2 of 2018 (3) dt.12-01-2018 2/2 named the petitioner but from perusal of the FIR itself, it appears that on alarm, thieves started fleeing away but on chase, Md. Abbash was apprehended and from his possession, all the theft money amount to Rs.37,000/- was recovered. Md. Abbash himself disclosed the name of the petitioner and Bharul Thakur as the person who also committed theft along with him. Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

(Prabhat Kumar Jha, J) Sanjeev/- U