Sitaram Pandit v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56449 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- BARHAT District- Jamui ====================================================== SITARAM PANDIT Son of Jodhan Pandit Resident of Village-Had Hadia, P.O.-Kakanchaur, District-Jamui.
... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-11-2019 Heard learned counsel for the parties.
The petitioner is apprehending his arrest in connection with Barhat P.S.Case No.5 of 2018 registered for offences punishable under Sections 395 and 397 of the Indian Penal Code.
As per FIR, some miscreants committed loot of ornaments and cash form the house of the informant. Petitioner is not named in the FIR but later on his name transpired on confessional statement of the co-accused.
Submission of the learned counsel for the petitioner is that except the confessional statement, there is nothing against him and he is ready to abide by any condition imposed upon him.
Ono the other hand the learned counsel for the O.P.no.2
Patna High Court CR. MISC. No.56449 of 2019(3) dt.16-11-2019 2/2 has opposed the prayer for bail on the ground that in such type of cases custodial interrogation of the person is required and also for the purposes of TIP, as such he does not deserve anticipatory bail.
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below on its own merit.
With the aforesaid direction, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U T