Patna High CourtCR. MISC./55507/2017rejected

Dastgir And ORS v. The State Of Bihar

2017-12-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55507 of 2017 Arising Out of PS.Case No. -492 Year- 2017 Thana -ARARIA District- ARRARIA ======================================================

1. Dastgir, Son of Jakir,

2. Nasim @ Md. Nasimuddin, Son of Naim,

3. Quddush, Son of Gulabshar, All resident of Village- LAdua Dagarua, Ward No.13, P.S.- Dagarua, District- Purnea .... Petitioners

Versus

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

For the Petitioners : Mr. Amit Kumar Anand, Adv. For the Opposite Party : Mr. Satya Nand Shukla, APP 130 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2017 Heard both sides.

The petitioners apprehend their arrest in Araria (R.S.) P.S. Case No. 492 of 2017 registered under Section 379/34 of the Indian Penal Code.

The informant named the petitioners, along with Md. Shabir, and disclosed that they all came to his shop, committed theft of Rs.27,000/- from his cash box. On chase, one Md. Shabir was apprehended.

The learned counsel for the petitioners submits that the petitioners are next door neighbours of the informant. Md. Shabir made his confessional statement and disclosed the names of the petitioners admitting the fact that they committed theft in the shop of the informant, but, nothing was recovered from the possession of Md. Shabir. On account of enmity, the petitioners have falsely been implicated in the case. It appears that the informant has named the petitioners and alleged that the petitioners and Md. Shabir committed theft from the cash box kept in the shop of the informant and fled away Md. Shabir was

Patna High Court Cr.Misc. No.55507 of 2017 (3) dt.12-12-2017 2/2 apprehended, but, petitioners managed to flee away. Considering the allegation, made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for anticipatory bail is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √