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Patna High CourtCR. MISC./49967/2018bail rejected

Sabi Paswan v. The State Of Bihar

2018-09-20Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49967 of 2018 Arising Out of PS. Case No.-160 Year-2016 Thana- DIDARGANJ District- Patna ====================================================== Sabi Paswan, S/o Naval Kishor Paswan, R/o Patanpura, Saidanpur, Nandlalabad, P.S.- Fatuha, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 20-09-2018 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Deedarganj P.S. Case No. 160 of 2016, registered under Section 392 of the Indian Penal Code, pending in the court of the A.C.J.M.-V, Patna City.

The accusation is that on 03.08.2016, while informant Ram Prawesh Sao was moving on his motorcycle keeping cash of Rs. 83,000/-, in his pocket, all of sudden three persons stopped his motorcycle and took the said cash and motorcycle of the informant and fled away.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and in course of investigation, co-accused Bihari confessed his guilt disclosing

Patna High Court Cr.Misc. No.49967 of 2018(2) dt.20-09-2018 2/2 the name of the petitioner as his associate involved in committing the robbery. Further submission is that petitioner has no criminal antecedent, except, Bypass P.S. Case No. 113 of 2016, registered Under Sections 393, 412, 413 and 414 of the I.P.C. and Section 25(1-B)A, 26 and 35 of the Arms Act. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

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