Banti @ Banti Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58995 of 2019 Arising Out of PS. Case No.-345 Year-2015 Thana- BEGUSARAI TOWN District- Begusarai ====================================================== BANTI @ BANTI KUMAR, aged about 26 years, Male, Son of Ram Pukari Mahton @ Rampukary Ray @ Ram Pukar Mahto, Resident of Village - Nagdah, Ward No.10, P.S.- Muffasil (Singhaul O.P.), District- Begusarai ... Petitioner

Versus

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

For the Petitioner :

Mr. Binod Kumar, Adv.

For the Opposite Party :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Begusarai Nagar P.S. Case No. 345 of 2015, pending in the Court of the Chief Judicial Magistrate, Begusarai, for the offence alleged under Section 379/34 of the Indian Penal Code. The accusation is that informant proceeded with cash of Rs.3,72,134/- on a cycle to deposit it in the State Bank of India, Harhar Mahadev Chowk. In the way two persons came on black coloured motorcycle, over ridden by their motorcycle and person, who was on the rear seat, snatched the bag, containing Rs.3,72,134/-, while he tried to identify the registration number of the motorcycle, but, he could not succeed. The informant stated that he can identify the culprit on

Patna High Court CR. MISC. No.58995 of 2019(2) dt.18-09-2019 2/2 seeing them.

The submission of the learned counsel for the petitioner is that the petitioner is named in the first information report. In course of investigation one Zubair was apprehended, who confessed his guilt about snatching of the cash bag of the informant detailing the name of three associates, including the name of the petitioner, indulged in committing the offence and on his confessional statement, cash of Rs.96,500/- recovered. Learned Additional Public Prosecutor for the State opposes the prayer for pre-arrest bail.

Having regard to the facts and circumstances of the case, I am not inclined to grant the privilege of pre-arrest bail to the petitioner. The prayer for pre-arrest bail is rejected. The petitioner is directed to surrender before the Court below and seek regular bail, which will be considered on its own merit and without being prejudiced of this order.

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