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Patna High CourtCR. MISC./26277/2017rejected

Kunal Sao v. The State Of Bihar

2017-07-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26277 of 2017 Arising Out of PS.Case No. -143 Year- 2015 Thana -DIGHA District- PATNA ====================================================== Kunal Sao, Son of Sri Shankar Sao, Resident of Village- Sohagi Mohanpur, Mushari, P.S.- Gaurichak, District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Satyendra Prasad, Advocate.

For the Opposite Party : Mr. Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioner apprehends his arrest in Digha P.S. Case No. 143 of 2015 registered for the offences punishable under Sections 379 and 34 of the Indian Penal Code. The informant alleged that two persons namely Karfu Rai and Kishore Kumar have committed theft of his Bolero vehicle.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Nothing has been recovered from the possession of the petitioner. Name of the petitioner figured in the case in the confessional statement of Md. Aslam who has been granted regular bail but, it appears that ofcourse name of the petitioner figured in the confessional statement of co-

Patna High Court Cr.Misc. No.26277 of 2017 (2) dt.13-07-2017 2/2 accused but process under Section 83 of the Code of Criminal Procedure has already been issued and the petitioner is absconder. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T