IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.813 of 2010 PAPPU KUMAR SON OF SRI RAJNANDAN YADAV, RESIDENT OF VILLAGE MAL BIGHA, POLICE STATION- FATUHA, DISTRICT- PATNA. Versus THE STATE OF BIHAR For the petitioner : Mr. Nand Kishore Prasad-II, Advocate. For the State : Mr. Jharkhandi Upadhyay, APP ----------- 3 11.08.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner calls in question the order dated 9.4.2010 passed in Cr Appeal no. 295 of 2009 (Pappu Kumar versus The State of Bihar) passed by learned Addl. Sessions Judge, Patna City. By the aforesaid order, learned appellate court on a re- consideration of the evidence brought on record by the parties came to the conclusion that the findings of guilt recorded against the petitioner under Section 392 and 411 of Indian Penal Code by the learned trial court in Tr. No. 193 of 2009 require no interference as the same was based on evidence which was found congruous and cogent. Learned counsel for the petitioner submits that the informant of the case has not been examined in the present case. It is stated that the other witnesses barring P.W. 5 are police personnel. Learned lower appellate court has considered that aspect of the matter. It appears that P.W. 5 was accompanying the informant as a pillion rider when they were intercepted and relieved of the motorcycle of the informant on gun point. It further appears that the police acted in a very swift manner and chased 2 the culprits after boarding the informant and P.W. 5 on the Jeep. At some distance, the looted motorcycle met with an accident and the petitioner along with other co-accused tried to flee away from there. They were apprehended on chase. Both the courts below have found that P.Ws. 4, 5 and 6 have consistently supported the case. P.Ws 2 and 3 have also corroborated their evidence. On a consideration of the materials placed on record, this Court is satisfied that no patent illegality has been committed by the two courts below meriting interference. The application has no merit. It is accordingly dismissed. pkj ( Kishore K. Mandal, J. )