Mithu Kumar @ Ratnesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39568 of 2018 Arising Out of PS.Case No. -8 Year- 2017 Thana -RAJEPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Mithu Kumar @ Ratnesh Kumar son of Dawarik Rai @ Dawarika Rai, resident of Village- Molanapur, P.S.- Rajepur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Shailendra Kumar, APP-2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-07-2018 Heard both sides.

The petitioner apprehends his arrest in Rajepur P.S. case No. 08 of 2017 for the offences punishable under Section 341, 323, 379, 504, 506/34 of the Indian Penal Code. The informant alleged that while he was returning after imparting tuition, the petitioner intercepted him, assaulted him with fists and slaps and snatched his motor cycle bearing registration No. BR06AN-8993.

The learned counsel for the petitioner submits that some verbal altercation took place between the petitioner and informant. The motor cycle was not stolen. The motor cycle was found parked at a lonely place. The petitioner has been implicated

Patna High Court Cr.Misc. No.39568 of 2018 (2) dt.09-07-2018 2/2 due to previous enmity but it appears from perusal of the FIR that the informant made specific allegation that petitioner not only assaulted the informant but also snatched his motor cycle and fled away.

Taking into consideration the facts aforesaid and nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T