Subash Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79058 of 2024 Arising Out of PS. Case No.-16 Year-2021 Thana- KHAIRA District- Saran ====================================================== Subash Giri S/o Muneshwar Giri Resident of Village- Nayi Basti Upadhyaypur, PS- Bairiya, Distt.- Balia (U.P) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Anita Kumarim A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-02-2025 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in case registered for the offence punishable under Section 392 of the Indian Penal Code.

3. As per prosecution case, on 16/1/21 at 7:30 PM, while informant was going to his village on motorcycle along with his two elder sisters, on the way three unknown miscreants looted their jhumka, mobile phone, ATM card and some cash on the point of pistol and when sister of the informant protested, they threatened to kill her.

4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and his name transpired during investigation on confessional statement of co-accused persons. He further submits that no looted article has been

Patna High Court CR. MISC. No.79058 of 2024(4) dt.06-02-2025 2/2 recovered from possession of the petitioner.

5. However, learned A.P.P. for the State vehemently opposed the bail application and submitted that this petitioner is alleged to have looted valuable items of the informant and has got two criminal antecedents of similar nature.

6. Considering the aforesaid facts and circumstances of the case, prayer for anticipatory bail of the petitioner is refused.

(Prabhat Kumar Singh, J) Navya/- U T