Patna High CourtCR. MISC./30688/2019dismissed

Sunil Kumar Rajbhar v. The State Of Bihar

2019-07-22Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30688 of 2019 Arising Out of PS. Case No.-3 Year-2015 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== SUNIL KUMAR RAJBHAR Resident of village Pipra Khadiya Gaighat, District Chandauli Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Achhaibar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Mohania P.S.Case No.3 of 2015 registered for offences punishable under Section 379 of the Indian Penal Code. Allegation against the petitioner is of theft of the motorcycle. Petitioner is not named in the FIR, however, from the record, it appears that for the recovery of the motorcycle, another case has been lodged being Aharoura P.S.Case No.452 of 2015 and in that case the petitioner was taken into custody along with other accused persons and later on he was granted bail . Apart from that it appears that the petitioner is accused in one more case.

Submission of the learned counsel for the petitioner is that for the theft and recovery of the motorcycle, two cases

Patna High Court CR. MISC. No.30688 of 2019(4) dt.22-07-2019 2/2 have been lodged and in one of them, he has remained in custody.

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 privilege of anticipatory bail to the petitioner, however, if the petitioner surrenders and pray for regular bail, the same shall be considered on its own merit without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

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