Sunil Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7769 of 2019 Arising Out of PS. Case No.-56 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Sunil Sahni, Son of- Late Nand Lal Sahni Resident of village-Chak Nasir, P.S.- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mrs.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 414/34 of the Indian Penal Code. The prosecution case, in short, is that the accused persons on seeing the police party started fleeing away and on chase some of them were apprehended and from certain stolen articles were recovered.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no compliance of Section 100 of the Cr.P.C. in the present case. The case is triable by the Magistrate.

Patna High Court Cr.Misc. No.7769 of 2019(2) dt.15-02-2019 2/2 On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The stolen motorcycle is said to have been recovered from the house of the petitioner. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. However, if the petitioner surrenders in the Court below and pray for bail, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Pankaj/- U T