Patna High CourtCR. MISC./11433/2018rejected

Bikash Paswan v. The State Of Bihar

2018-02-27Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.11433 of 2018 (2) dt.27-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11433 of 2018 Arising Out of PS.Case No. -111 Year- 2015 Thana -SAHKUND District- BHAGALPUR ====================================================== Bikash Paswan, Son of late Gobind Paswan, Resident of Village-Tetariya, P.S. Sajour, District-Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 27-02-2018 Heard both sides.

The petitioner apprehends his arrest in Shahkund(Sajour) P.S. Case No.111 of 2015 registered under Sections 328 and 394 of the Indian Penal Code. The learned counsel for the petitioner submits that the informant, Md. Mustakim named four accused persons and alleged that they committed robbery but during the course of investigation, one Sakho Das confessed his guilt and disclosed the name of the petitioner. Sakho Das has already been granted regular bail by a coordinate Bench of this Court vide order dated 30.11.2015 passed in Cr. Misc. No.53882 of 2015. The case of the petitioner stands on the same footing. The informant himself disclosed the name of four accused persons and there is no possibility of fifth person participating in the robbery but it

Patna High Court Cr.Misc. No.11433 of 2018 (2) dt.27-02-2018 appears that it is a case of robbery and the name of the petitioner figured in the confessional statement of Sakho. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the court below shall consider the regular bail of the petitioner taking into consideration that Sakho Das @ Prashant Kumar, on whose confessional statement name of the petitioner has appeared, has already been granted regular bail.

(Prabhat Kumar Jha, J) Saurabh/- U T