Diwakar Das v. The State Of Bihar

Patna High Court Cr.Misc. No.35420 of 2017 (3) dt.10-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35420 of 2017 Arising Out of PS.Case No. -147 Year- 2015 Thana -SANGRAMPUR District- MUNGER ====================================================== Diwakar Das, son of Singheshwar Das, resident of Village- Sangrampur, Police Station- Sangrampur, District- Munger. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surya Narayan Sah For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No. 147 of 2015, registered under Section 394 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Munger.

The accusation is of committing the robbery in the house of the informant, Shiv Shankar Sukla, by two unknown persons and the informant has detailed the physique of the culprits, who indulged in committing the robbery.

Learned counsel for the petitioner submits petitioner is not named in the F.I.R. and on the basis of written report of the informant, F.I.R. was lodged against unknown, but in course of

Patna High Court Cr.Misc. No.35420 of 2017 (3) dt.10-11-2017 investigation, after one year, the name of the petitioner has been disclosed by co-accused Bablu Mehta, having hand in the present case.

Having considered the facts and circumstances of the case and the informant has detailed the physique of the culprits, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T