SATYABAN SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the State.

(2.) The petitioner apprehending his arrest in Balangir Sadar P.S. Case No.147 of 2016, corresponding to G.R. Case No.521 of 2016, pending in the Court of learned S.D.J.M., Balangir, registered for alleged commission of offences punishable under Sections 399/402 of the I.P.C. and Sections 25/27 of the Arrns Act, has filed this petition for his release on pre-arrest bail.

(3.) It appears from the allegations that the petitioner along with others were allegedly gathered in the odd hours of the night being armed with deadly weapons by parking three motorcycles in a place preparing to commit dacoity and on seeing the police party, they tried to escape from the spot and the police party could apprehend one of them, namely, Satyabrata Sahu, the brother of the present petitioner at the spot. Police had seized one pistol loaded with six rounds of live ammunitions and some mobile handsets. The person arrested indicated the present petitioner to be one of them and stated that he was not aware of the names of. the other accused persons in this case, but his brother the present petitioner was aware of their names. But, nothing has produced by the State indicating the fact that the petitioner is a person having criminal antecedent.