Patna High CourtCR. MISC./20323/2016rejected

Anshu Kumar And ORS v. The State Of Bihar

2016-05-20Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20323 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -DESARI DistrictVAISHALI(HAJIPUR) =====================================

1. Anshu Kumar son of Late Mahesh Chaudhary

2. Chhotu Kumar son of Late Mahesh Chaudhary

3. Sujeet Kumar son of Bipin Sah All residents of Village- Desari, Police Station- Desari, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mrs. Aparna Bharti, Adv. For the Opposite Party/s : Mr. T.P. Mandal (APP) ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 20-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Desari P.S. Case No.07 of 2016, disclosing offences under Sections 461, 379 and 414/34 of the Indian Penal Code.

It is alleged that theft of certain bags of food grains from a go-down had taken place, thereafter, the

Patna High Court Cr.Misc. No.20323 of 2016 (2) dt.20-05-2016 2/2 police was informed. The police came to the place of occurrence immediately, whereafter, the petitioners were found fleeing away, who were identified by the informant. It also transpires that, in course of raid conducted by the police, from the house of one of the persons, who were identified by the informant, stolen articles were seized. In such circumstance, I do not feel that it is a fit case for grant of anticipatory bail.

This application is, accordingly, rejected.

The petitioners, abovenamed, are directed to surrender before the court below within a period of four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered by the learned court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J.) Praveen-II/- U T