Dadan Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68996 of 2019 Arising Out of PS. Case No.-49 Year-2014 Thana- CHAKIA District- East Champaran ====================================================== DADAN SHARMA Son of Late Kishun Sharma Resident of VillageChorma, P.S.- Pakarideyal, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-11-2019 Petitioner seeks bail in anticipation of his arrest in connection with Chakiya P.S. Case No. 49 of 2014 registered for the offence punishable under Section 394 of the Indian Penal Code.

As per FIR while informant was returning after unloading stone chips, some miscreants badly assaulted him and fled away with the tractor. Petitioner is not named in the FIR and later on his name transpired in the confessional statement of co-accused and apart from that he is accused in one more case. The case is of the year 2014.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him. Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that case is under Section 394

Patna High Court CR. MISC. No.68996 of 2019(2) dt.04-11-2019 2/2 IPC and as such custodial interrogation is required in this case. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T