Bhavesh Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72258 of 2019 Arising Out of PS. Case No.-115 Year-2017 Thana- MAHISHI District- Saharsa ====================================================== BHAVESH SAH Son Dukha Sah Resident of Village - Baluaha, P.S.- Mahishi, Distt - Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Harun Quareshi For the Opposite Party/s :

Mr.Choubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-03-2021 Heard both sides.

The petitioner apprehends his arrest in Mahishi P.S. case No. 115/2017 registered under Section 392 of the IPC. The informant lodged the case against unknown making allegation that while he was returning after collecting money and when he reached near Baluaha petrol pump four persons came on two motor cycles and pushed the informant. The informant fell down on the ground. Thereafter, the accused persons snatched Rs. 50,000/- from his possession and also fled away with motor cycle of the informant.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The name of petitioner surfaced in the case in the confessional statement of co-accused. The petitioner was in custody but he was not remanded in this

Patna High Court CR. MISC. No.72258 of 2019(3) dt.03-03-2021 2/2 case nor the petitioner was put on T. I. Parade but it appears that the petitioner has got criminal antecedent and he is absconding. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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