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Patna High CourtCR. MISC./35191/2018rejected

Ranjeet Yadav @ Ranjeet Kumar Yadav v. The State Of Bihar

2018-07-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35191 of 2018 Arising Out of PS.Case No. -148 Year- 2018 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Ranjeet Yadav @ Ranjeet Kumar Yadav, Son of Late Arjun Yadav, Resident of Village- Jalaiya (Pastpar), P.S. Sour Bazar (Pastpar), DistrictSaharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Amarnath Jha For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-07-2018 Heard both sides.

The petitioner apprehends his arrest in Madhepura (Bharrahi O.P.) P.S. Case No. 148/2018 registered under Section 392 of the Indian Penal Code. Later on Section 411 of the Indian Penal Code was added.

The informant alleged that three miscreants overtook his motorcycle and fled away after snatching the motorcycle and other belongings.

Learned counsel for the petitioner submits that the petitioner is innocent. The petitioner is not named in the F.I.R. The name of the petitioner figured in the case on the basis of fact that motorcycle was recovered from the fodder house of the

Patna High Court Cr.Misc. No.35191 of 2018 (2) dt.05-07-2018 2/2 petitioner but there is no material to show that the petitioner committed robbery of the motorcycle and kept the same in his own house but it appears that theft motorcycle was recovered from the fodder house of the petitioner and co-accused Rupesh Kumar also disclosed the name of the petitioner. The identification of the petitioner requires during investigation.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected in Madhepura (Bharrahi O.P.) P.S. Case No. 148/2018, pending in the court of learned C.J.M., Madhepura. If the petitioner surrenders in the court below, the learned court below shall consider the regular bail petition of the petitioner on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J) Amit/- U T