Hitendra Patel @ Hitendra Raut v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12335 of 2017 Arising Out of PS.Case No. -18 Year- 2016 Thana -SONBERSA District- SITAMARHI ====================================================== Hitendra Patel @ Hitendra Raut, Son of Rampukar Raut, Resident of Village Vishanpur, P.S. Bathnaha, District. Sitamarhi. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Virendra Kumar, Advocate For the Opposite Party : Mr. Sri Sanjay Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Sonbarsa P.S. Case No. 18 of 2016, registered for the offence punishable under Section 392 of the Indian Penal Code. Allegedly, two unknown persons looted the motorcycle of the informant and cash of rupees one lakh and also his mobile and A.T.M. Card on the point of pistol and knife. During investigation, the name of the petitioner transpires in the confessional statement of co-accused Dharmendra Paswan and also in the statement of the witnesses vide para 12, 13, 14 & 15 of the case diary.

Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.12335 of 2017 (3) dt.01-05-2017 2/2 legal and tangible material against the petitioner, besides confessional statement, there is nothing against him and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that witnesses Manoj Mukhiya and Sanjay Mahto, vide pare 12 and 14 of the case diary, have stated the name of the petitioner suggesting his involvement in the crime. In the facts and circumstances as stated above, considering that the name of the petitioner has come in the statement of the witnesses also and further co-accused Dharmendra Paswan confessed his guilt has also stated the name of the petitioner and, as such, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Sonbarsa P.S. Case No. 18 of 2016, pending in the Court of learned Chief Judicial Magistrate, Sitamarhi.

(Jitendra Mohan Sharma, J.) Rajiv/- U T