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Patna High CourtCR. MISC./49065/2017rejected

Ajay Kumar @ Gopal Kumar v. The State Of Bihar

2017-10-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49065 of 2017 Arising Out of PS.Case No. -67 Year- 2017 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================

1. Ajay Kumar @ Gopal Kumar S/o Ram Bahadur Singh, R/o Ratanpur, Hemra Chowk, P.S.- Nagar, District- Begusarai .... Petitioner

Versus

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

For the Petitioner : Mr. Vinod Gautam, Adv. For the Opposite Party : Mr. Mustaque Alam, APP 36 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2017 Heard both sides.

The petitioner apprehends his arrest in Bariarpur (Manjhaul) P.S. Case No. 67 of 2017 under Section 392 of the Indian Penal Code.

The informant alleged that while he was going to Manjhaul for official work, four persons on two motorcycles, intercepted the informant and robbed his motorcycle, bearing registration no. BR-34J-9988, and two mobiles. The learned counsel for the petitioner submits that the petitioner is not named in the first information report. Name of the petitioner figured in the confessional statement of the coaccused. It is submitted that save and except the confessional statement there is no material on record, but, it appears from the order of the learned Sessions Judge that the looted motorcycle was recovered from the possession of Gulab Kumar, the co-accused. Gopal Kumar confessed his guilty along with other co-accused and disclosed that the petitioner also participated in robbery of motorcycle and mobiles from the possession off the informant. The case is for robbery and the investigating officer may require

Patna High Court Cr.Misc. No.49065 of 2017 (2) dt.18-10-2017 2/2 custodial interrogation of the petitioner.

Considering the allegation, made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail is rejected. (Prabhat Kumar Jha, J) SA/- U √ T √