Anticipatory bail application by a petitioner named by a co-accused during police apprehension, for offences under Section 392 IPC arising from a shop robbery of mobiles and cash. The court declined bail given the nature of the offence and the co-accused's disclosure, and rejected the prayer.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.73091 of 2022
Arising Out of PS. Case No.-6 Year-2020 Thana- SAHPUR District- Bhojpur
======================================================
PRAKASH TIWARI S/O Kameshwar Tiwari R/O Village- Barishwan, P.SShahpur, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Prabhat Kumar Singh For the Opposite Party/s : Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
2 03-02-2023 Heard both sides.
The petitioner apprehends his arrest in connection with Shahpur P.S. Case No.6 of 2020, registered for the offence punishable under Section 392 of the Indian Penal Code.
The prosecution case, in brief, is that on 06.01.2020 at 7.19 p.m. four unknown accused persons entered into the shop of the informant and they assaulted him on his head. Thereafter the accused persons took away 20 mobiles and cash Rs.1.59 lakhs.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedents as stated in paragraph-3 of the bail application. It is further submitted that the FIR is against
Patna High Court CR. MISC. No.73091 of 2022(2) dt.03-02-2023 2/2
unknown. One accused person was apprehended by the police and he disclosed the name of the petitioner.
Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner.
Taking into consideration the nature of offence and the fact that the apprehended co-accused disclosed the name of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.
(Anjani Kumar Sharan, J)
S.KUMAR/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in a robbery case where an apprehended co-accused disclosed his name.
1 provisions across 1 enactments
Prakash Tiwari
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
