Patna High CourtCR. MISC./39887/2016rejected

Tripurari Ram v. The State Of Bihar

2016-12-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39887 of 2016 Arising Out of PS.Case No. -155 Year- 2016 Thana -GHOSI District- JEHANABAD ====================================================== Tripurari Ram, Son of Dinesh Ram, resident of Village - Sujatpur, P.S.- Ghoshi, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-12-2016 Heard both sides.

The petitioner seeks bail in Ghoshi P.S. Case No. 155 of 2016 registered under Section 394 of the Indian Penal Code. The informant alleged that he was issuing Chalan at Bauri Balu Ghat to customers where Narayan Sharma, Arvind Kumar and Randhir Kumar were also present. Pappu Yadav, Tripurari Ram (the petitioner) and one unknown person came there. They were armed with pistols. The accused persons threw chilly powder and snatched rupees one lac from the possession of the informant and rupees three lacs from the possession of Arvind Kumar, Munshi of Banshidhar Construction Company. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the case as some altercations had taken place one day prior to the occurrence with

Patna High Court Cr.Misc. No.39887 of 2016 (3) dt.02-12-2016 2/2 the informant. On the next day of the occurrence, the police came to the house of the petitioner and he was apprehended. If the petitioner had committed robbery he would have fled away. This conduct of the petitioner shows that the petitioner is innocent. It appears that besides the informant, other witnesses have invariably stated that the petitioner, Pappu Kumar and one unknown came, committed robbery at the gun point and fled away. The petitioner has got criminal antecedent and he is accused in a case under Section 396 of the Indian Penal Code. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on bail in Ghoshi P.S. Case No. 155/2016. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Dilip/- U T