Vijay Mahto @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30978 of 2015 Arising Out of PS.Case No. -16 Year- 2006 Thana -BATHNAHA District- SITAMARHI ====================================================== Vijay Mahto @ Vijay Kumar Son of Nageshwar Mahto R/o village - Bhataulia, P.S. Bathnaha, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-12-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 384/34 of the Indian Penal Code.

The informant made allegation that the petitioner and others entered into his brick-kiln and took away a trailer. The petitioner and others also demanded extortion. It is submitted that there is a dispute with regard to the ownership of the trailer. The trailer is still lying in the Transport Office but from perusal of the record it appears that the case is of the year 2006 and the petitioner moved for anticipatory bail only after nine years of the occurrence. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Bathnaha P.S. Case No. 16 of 2006. Accordingly, the same is rejected. The petitioner, if so advised, may surrender in the

Patna High Court Cr.Misc. No.30978 of 2015 (5) dt.09-12-2015 2/2 court below and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced from this order, if possible, on the same day. (Prabhat Kumar Jha, J) Dilip/- U T