Lakhan Rai v. The State Of Bihar

\IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.46686 of 2017 Arising Out of PS.Case No. -363 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Lakhan Rai son of Shri Shashi Bhushan Rai, resident of MohallaBargachh Chowk, Barari Pokhar Tola, Police Station- Barari, DistrictBhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.

The petitioner seeks regular bail in Kotwali (Barari) P.S. Case No.363 of 2017 registered for the offence under Sections 379, 411 of the I.P.C.

Allegation against the petitioner as per the First Information Report is that the petitioner was apprehended while he was trying to flee after taking mobile of the informant and he is named in the First Information Report.

Submission of the learned counsel for the petitioner is that nothing has been recovered from his possession and he is accused in one more case, but he is on bail in that case. Heard learned A.P.P. also, who opposed the prayer on the

Patna High Court Cr.Misc. No.46686 of 2017 (2) dt.21-09-2017 2/2 ground that the petitioner was arrested on chase and mobile was recovered from his possession and he has criminal antecedent. Having heard both sides and in view of the facts and circumstances of the case as stated above, this application is disposed of with direction that if the petitioner remains in custody for six months or charge is framed against the petitioner whichever is earlier, the trial court will release the petitioner on bail to his own satisfaction.

With this observation, this application is disposed of. (Vinod Kumar Sinha, J) AnilKrSinha/- U