Pradeep Kumar Rai @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76982 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== PRADEEP KUMAR RAI @ PRADEEP KUMAR Son of Kapildeo Rai Resident of Village- Keshopur, P.S.- Sakra, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sri Krishna Ranjan For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner has invoked extraordinary jurisdiction of this Court under Section 482 of the Code of Criminal Procedure against the order dated 20.07.2019, whereby, the learned Chief Judicial Magistrate, Muzaffarpur took cognizance against the petitioner for the offence punishable under Sections 395, 397 and 412 of the Indian Penal Code.

3.

Learned counsel appearing on behalf of petitioner submits that, in fact, petitioner was not named in the F.I.R. In course of investigation, the name of petitioner surfaced in the confessional statement of co-accused Ashish Kumar having

Patna High Court CR. MISC. No.76982 of 2019 dt.07-01-2020 2/2 hand in bank dacoity. Further submission is that, in fact, at the time of occurrence of dacoity, the petitioner was deployed as a guard in the bank and at that time, the miscreants took key of the bank premises putting firearm at his temporal region and later on, the petitioner has falsely been implicated in this case. 4.

On going through the impugned order, I do not find any illegality amounting to abuse of process of Court for interference in extraordinary jurisdiction under Section 482 Cr.P.C. Accordingly, this application is dismissed. (Rajendra Kumar Mishra, J) manish/- AFR/NAFR NAFR CAV DATE NA Uploading Date 08.01.2020 Transmission Date 08.01.2020