Patna High CourtCR. MISC./20503/2016disposed

Ashok Nut v. The State Of Bihar

2016-05-12Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20503 of 2016 Arising Out of PS.Case No. -225 Year- 2015 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Ashok Nut son of Butai Nut, resident of Village- Lal Bazar, P.s. Chapra Mufassil, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. B.M.P. Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2016 Learned counsel for the petitioner is permitted to make necessary correction in the petition, as prayed for. Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 395,397 and 396 of the Indian Penal Code. Subsequently section 412 IPC was added.

The prosecution case is that 7-8 unknown persons entered into the house of the informant and committed dacoity and robbed ornaments and cash of rupees fifteen thousand. The accused persons killed Nand Kumar Thakur, the husband of the informant and escaped from the scene.

It is submitted by the learned counsel for the petitioner that the FIR was lodged against unknown and the name

Patna High Court Cr.Misc. No.20503 of 2016 (2) dt.12-05-2016 2/2 of the petitioner sprang up on confession of co accused Muharram Nut. Prior to the present case, the petitioner is accused in one other case but subsequent to that, the petitioner has been made accused in two other cases. More over, the accusation is omnibus and general and nothing has been recovered from the petitioner. The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Chapra Mufassil P.S. Case No. 225 of 2015 pending in the court of learned CJM, Saran at Chapra. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T