Jumma Sai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63868 of 2021 Arising Out of PS. Case No.-107 Year-2017 Thana- GOPALGANJ TOWN DistrictGopalganj ====================================================== JUMMA SAI Son of Ida Sai Resident of Village - Arar, P.S.- Gopalganj, Distt.- Gopalganj, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Shekhar Pandey For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379/413/414 of the Indian Penal Code.

As per the prosecution case, accused persons were unloading articles from the truck and keeping the same in their house. On chase, one of the accused, Noor Hasan, was apprehended who disclosed that he along with this petitioner used to commit theft of articles from truck and sell the same in low price.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the

Patna High Court CR. MISC. No.63868 of 2021(2) dt.24-05-2022 2/2 confessional statement of co-accused, Noor Hasan. No incriminating article has been recovered from the possession of the petitioner. It is submitted that though the petitioner has got criminal antecedent of two cases but in both cases he is on bail. Learned counsel appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioner has got criminal antecedent.

Considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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