Prince Kumar @ Prince Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27008 of 2018 Arising Out of PS. Case No.-136 Year-2016 Thana- KHAIRA District- Saran ====================================================== Prince Kumar @ Prince Kumar Singh, S/o- Lakhan Singh, Resident of Village-Naukatoia, P.O.-Karanpura, P.S.-G.B.Nagar Tarwara, District-Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Vikas Ratan Bharti For the Opposite Party/s :

Mr. Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-05-2018 Heard learned counsels for the petitioner and State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 392 and 395 of the IPC.

The prosecution case as per the fardbeyan of Prithavinath Chaurasiya, recorded on 24.08.2016 by S.I., Khaira Police Station is to the effect that on 24.08.2016 at 8 PM when the informant after closing his medicine shop, was going with his son to his house then three accused persons on a motorcycle intercepted the informant and robbed Rs. 12000/- Voter ID card and mobile of the informant and his son, leading to registration of FIR against unknown persons. The name of the petitioner

Patna High Court Cr.Misc. No.27008 of 2018(2) dt.03-05-2018 2/3 sprang up during investigation on the confessional statement of co-accused persons.

It is submitted by learned counsel for the petitioner that only on confessional statement of co-accused persons, the petitioner has been roped in the present case and there is no recovery from the petitioner. Though, the petitioner is accused in four other cases of similar nature, but he is on bail in those cases.

Learned APP submits that the petitioner is having criminal antecedent.

Considering the fact that the petitioners are involved in four other cases of similar nature of offence, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for anticipatory bail is rejected. However, keeping in view that the impugned order only suggests that the name of the petitioner sprang up on the confession of co-accused, however, there is no recovery from the petitioner, it is a case for consideration of prayer for regular bail by learned Court below, if the petitioner surrenders within a period of six weeks in connection with Khaira P.S. Case No. 136 of 2016, pending in the court of learned ACJM-X, Saran at Chapra.

Patna High Court Cr.Misc. No.27008 of 2018(2) dt.03-05-2018 3/3 Accordingly, the present application is disposed of. (Dinesh Kumar Singh, J) Amrendra/- U T