Mukesh Kumar @ Mukesh Kumar Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51423 of 2014 Arising Out of PS.Case No. -209 Year- 2014 Thana -MEERGANJ District- GOPALGANJ ====================================================== Mukesh Kumar @ Mukesh Kumar Pandit, Son of Nandji Pandit, resident of Village + P.O.-Habibe Nagar, P.S.-Husainganj, District-Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Kumar, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 30-04-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This is an application seeking anticipatory bail in connection with Mirganj P.S. Case No. 209 of 2014, pending before learned Sessions Judge, Gopalganj, registered for the offences punishable under Sections 420 and 414/34 of the Indian Penal Code.

Learned counsel for the petitioner, referring to the First Information Report, has submitted that the petitioner has been made accused in this case only on the basis of statement of one Suraj Kumar, who was apprehended by the police with stolen motorcycle. He has submitted that over and above the said statement of co-accused, Suraj Kumar, there is absolutely no material against the petitioner.

Patna High Court Cr.Misc. No.51423 of 2014 (2) dt.30-04-2015 2/2 I have seen the First Information Report. From the First Information Report, it appears that said Suraj Kumar made specific averment before the police that the petitioner was in habit of supplying him vehicles from time to time and after sometime; he used to sale those motorcycles.

In such circumstance, I do not consider it to be a fit case to grant the petitioner the privilege of anticipatory bail as, in my opinion, his custodial interrogation may be required by the police.

In view of the above, this application is dismissed.

The petitioner is directed to surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order to the court below. However, he may seek regular bail thereafter and, if so, his application seeking regular bail shall be considered on its own merit without being prejudiced by rejection of the present application.

(Chakradhari Sharan Singh, J) Praveen-II/- U T