Patna High CourtCR. MISC./22749/2019dismissed

Ekram v. The State Of Bihar

2019-07-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22749 of 2019 Arising Out of PS. Case No.-639 Year-2018 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== EKRAM, Son of Md. Khaliq Quaraisi, Resident of Village- Dastampur, Kamalpur, P.S.- Derapur Rambai Nagar, District- Kanpur, U.P. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-07-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sadar P.S.Case No. 639 of 2018, G.R. No. 5295 of 2018, registered under Section 379 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Muzaffarpur.

Allegation as per FIR is that driver and khalasi of a truck bearing registration No. BR-06GC/0865 after parking the truck by the side of mid-way hotel went for taking meal and when they returned back the truck was not found there and thereafter the truck was recovered and one co-accused Md. Khalique Qorashi was arrested and petitioner succeeded in fleeing away and name of petitioner has come in the confessional statement of said Md. Khalique Qorashi.

Patna High Court CR. MISC. No.22749 of 2019(4) dt.02-07-2019 2/2 Submission of learned counsel for the petitioner is that except confessional statement of co-accused there is nothing against him and other co-accused whose name has also come in the confessional statement has been granted privilege of anticipatory bail by a co-ordinate Bench of this Court vide order dated 11.4.2019 passed in Cr.Misc.No. 22858 of 2019. Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that petitioner has been arrested in connection with Derapur P.S.Case No. 212 of 2018 and Investigating Officer has requested for remand of the petitioner in this case.

Considering the above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. Accordingly, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U T