Patna High CourtCR. MISC./5380/2019dismissed

Sudhir Sah And ORS v. The State Of Bihar

2019-03-13Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5380 of 2019 Arising Out of PS. Case No.-35 Year-2018 Thana- NTPC District- Bhagalpur ====================================================== 1.

Sudhir Sah, son of Vinay Sah Resident of Village - Kalgiganj, P.S.- Kahalgoan, Dist. Bhagalpur 2.

Praduman Thakur, son of Rambalak Thakur Resident of Village - Kalgiganj, P.S.- Kahalgoan, Dust. Bhagalpur 3.

Chhotu Kumar, son of Raju Mandal Resident of Village - Kalgiganj, P.S.- Kahalgoan, Dist. Bhagalpur ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyam Kishor Das For the Opposite Party/s :

Mr.Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 13-03-2019 Petitioners seek bail in anticipation of their arrest in connection with N.T.P.C. P.S. Case No. 35 of 2018, registered for the offences punishable under Sections 401, 413, 414, 411 and 34 of the Indian Penal Code, corresponding to S.T. No. 690 of 2018.

Allegation as per FIR is that police arrested one accused person and from whom one mobile phone was recovered and he disclosed the name of the petitioners and others that they have committed theft in a residential house and stolen away gold and ornaments which has been sold to the shop of co-accused Bindeshwari Prasad Sah and Kundan Kumar Sah

Patna High Court CR. MISC. No.5380 of 2019(3) dt.13-03-2019 2/2 and for which accused petitioners received Rs.2 lakhs. Submission of learned counsel for the petitioners is that except confessional statement there is nothing against the petitioners.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioners, rather petitioner to surrender and make prayer for regular bail, which shall be considered on its own merit, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T