Surya Prakash v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49369 of 2018 Arising Out of PS.Case No. -41 Year- 2017 Thana -KANKARBAGH District- PATNA ======================================================

1. Surya Prakash, Son of Sri Rajesh Kumar, Resident of Mohalla- Kadam Kuan, P.S.- Kadam Kuan, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kankarbag P.S.Case No.41 of 2017 dated 20.1.2017 registered for offences punishable under Sections 356 and 379 of the Indian Penal Code.

Allegation against the petitioner as per FIR is of snatching of mobile by the accused persons who came on a motorcycle. Submission of the learned counsel for the petitioner is that the petitioner was not named in the FIR and later on his name transpired as he was arrested in connection with another case and the a motorcycle was recovered, which is said to be stolen one and on that basis he has been made accused in this case, however, the said motorcycle was recovered from another person.

Patna High Court Cr.Misc. No.49369 of 2018 (2) dt.28-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T