Girish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57053 of 2024 Arising Out of PS. Case No.-531 Year-2023 Thana- BARBIGHA District- Sheikhpura ====================================================== Girish Kumar Son of Dharmendra Saw R/V- Village- Naya Tola, Simiri, P.S.- Bakhtiyarpur, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Sharma, Advocate For the Opposite Party/s :

Mr. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in Barbigha P.S. Case No. 531 of 2023, instituted for the offences punishable under Section 395 of the Indian Penal Code.

3. The prosecution case, in short, is that, the informant is the Area manager of Ashirvad Micro Finance Ltd. And he is posted at Akhorigola. It is alleged that some unknown persons attacked his Branch and looted away gold, Cash of Rs. 2,11,245/- and other articles.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.57053 of 2024(2) dt.02-08-2024 2/3 petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the informant also submits that no recovery has been made from the possession of the petitioner. The recovery has been made from the rented house of co-accused Krishna Murari. The petitioner is not named in the FIR. Name of the petitioner has transpired in this case on the basis of confessional statement of co-accused Nitish Kumar. Learned counsel for the petitioner lastly submitted that no T.I. parade has been conducted in this case. The petitioner has got one criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP for the State also submits that the petitioner was involved in commission of the alleged dacoity along with other co-accused persons. Hence, the petitioner does not deserve the privilege of anticipatory bail.

6. Considering the nature of accusation against the petitioner and the gravity of the offence, this Court is not inclined to grant bail to the petitioner.

7. The prayer is rejected. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If any such application is filed, the Court below shall

Patna High Court CR. MISC. No.57053 of 2024(2) dt.02-08-2024 3/3 consider and dispose of the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) Rajorshi/- U T