IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52083 of 2008 Mantu Bind, Son of Late Makhan Bind, resident of village-Arma Police Station-Surajgarha(Kajra), District-Lakhisarai --- Petitioner Versus STATE OF BIHAR ----------- 4 04-05-2009 Heard Mr. Amrendra Kumar, learned counsel for the petitioner as also Mr.R.P.S. Singh, learned A.P.P. for the State. Petitioner Mantu Bind who is an F.I.R. named accused is in custody in connection with Surajgarha( Kajra) P.S. Case no.104 of 2008 registered under Section 394 I.P.C. and 27 of the Arms Act. While imformant Sunil Kumar along with Bibhanshu Kumar was returning to his village on a motorcycle , they were stopped by four persons near Dagra Aahar at point of pistol and lathi and one of the miscreants assaulted the informant with lathi while other assaulted his friend also with lathi and Rs.5000/- was looted from Bibhanshu Kumar. In the meanwhile, a jeep came from Pokhrama side and seeing the jeep the miscreants fled away and on chase two of them were apprehended and taken to the Police Station where they disclosed their names as Satish Bind and Mantu Bind and also disclosed the names of fleeing accomplice as Dilip Bind and Dharmendra Bind. The submission on behalf of the petitioner is that he has been implicated in this case on mere suspicion as he was caught on the road near his own house and no incriminating article was recovered from his possession. The occurrence of Highway robbery appears to have taken - 2 - place at around 9.30 P.M. on 20.4.2008 and the petitioner appears to have been apprehended on chase. It is true that no incriminating article was recovered from his possession but there is no justification for his presence on Highway in such an odd hour. There is also no justification for his fleeing from the place of occurrence. Due regard being had to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. His prayer for bail is accordingly rejected. NKS/- (Abhijit Sinha, J.)