Santosh Rai @ Santosh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16460 of 2016 Arising Out of PS.Case No. -156 Year- 2015 Thana -GARKHA District- SARAN ====================================================== Santosh Rai @ Santosh Kumar Rai Son of Satya Narain Rai R/o Village Makhdumpur, P.S. Chapra Mufassil, District Saran at Chapra .... .... Petitioner

Versus

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

For the Petitioner : Mr. Rajeev Kumar, Advocate.

For the Opposite Party : Mr. Md. Ashlam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2016 Heard both sides.

The petitioner apprehends his arrest in Garkha P.S. Case No. 156 of 2015, registered for the offence punishable under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in the case on mere suspicion and in the statement of co-accused. Save and except no material is collected against the petitioner. It appears that during course of investigation, name of the petitioner figured in the case in confessional statement of coaccused. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Garkha

Patna High Court Cr.Misc. No.16460 of 2016 (2) dt.13-05-2016 2/2 P.S. Case No. 156 of 2015, pending in the court of the learned Additional Chief Judicial Magistrate 5th, Saran at Chapra. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that other accused persons have already been granted regular bail.

(Prabhat Kumar Jha, J.) KKSINHA/- U T