Saroj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39871 of 2018 Arising Out of PS.Case No. -249 Year- 2017 Thana -GAYGHAT District- MUZAFFARPUR ====================================================== Saroj Kumar S/o Sarowar Rai Resident of Village- Kanta Pirauchha, Hanuman Nagar, P.S. Gaighat, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

Six persons robbed the informant's Rs.10,20,000/- and mobile phone leading to registration of FIR against unknown. During investigation, co-accused Gollu @ Ujjawal in his in exculpatory statement, disclosed that on the order of petitioner, the informant was robbed and thereafter he shared the booty also.

It is submitted by learned counsel for the petitioner that the petitioner is not having any criminal

Patna High Court Cr.Misc. No.39871 of 2018 (2) dt.11-07-2018 antecedent and only on suspicion the petitioner has been roped in the present case.

Considering the nature of evidence collected during investigation, this Court is not inclined to grant anticipatory bail to the petitioner in connection with Gayghat (Benibad O.P.) P.S. Case No. 249 of 2017, pending in the Court of learned A.C.J.M. -cum- Sub Judge -16th, Muzaffarpur. However, let the learned Court below consider the prayer for regular bail of the petitioner, if he surrenders before the learned Court below within a period of six weeks from today.

Accordingly, this application is disposed of. (Dinesh Kumar Singh, J) DKS/- U T