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Patna High CourtCR. MISC./49235/2015disposed

Sanjeet Kumar v. The State Of Bihar

2015-11-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49235 of 2015 Arising Out of PS.Case No. -128 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Sanjeet Kumar, S/o Jai Prakash Sah, Resident of village- Olipur, P.S. Runnisaidpur, District- Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-11-2015 Heard both sides.

Petitioner is named along with other accused persons in Minapur P.S. case no. 128 of 2015 registered under Sections 395/397 of the IPC. He seeks anticipatory bail. It is alleged that while the informant was travelling on a motor cycle along with his brother accused persons riding motorcycle took over him and force him to stop. At gun point the accuseds snatched the cash, gold chain, mobile phone and other articles and riding the motorcycles escaped. Two miscreants were apprehended immediately. One of them named the petitioner and that is how he has been named along with others in the FIR.

Contention of the petitioner is that the name of the

Patna High Court Cr.Misc. No.49235 of 2015 (2) dt.06-11-2015 2/2 petitioner transpired on the basis of the confessional statement of the accused. The person having hostility has named the petitioner. He has no criminal antecedent.

Learned APP for the State opposed the prayer. Considering the seriousness of the allegation and also the fact that he is named in the FIR itself, I am not persuaded to privilege the petitioner with anticipatory bail. Prayer is rejected. Petitioner may surrender and seek regular bail before the learned Court below. In case the same is preferred the Court below shall consider the same on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) Shyam/- U T