Patna High CourtCR. MISC./46547/2016rejected

Ramnath Nonia v. The State Of Bihar

2016-11-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46547 of 2016 Arising Out of PS.Case No. -69 Year- 2013 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Ramnath Nonia Son of Shiv Prasad Resident of Village-pachagawa P.S. Kabarpur District Nawada .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vishwa Ranjan Choudhary For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-11-2016 Heard both sides.

The petitioner apprehends his arrest in Gopalpur P.S. Case No. 69/2013, registered for the offences punishable under Sections 420, 406, 467, 468, 471, 120(B) of the Indian Penal Code.

The informant filed a complaint case on the basis of which the present FIR was lodged. The petitioner is not named in the FIR.

Learned counsel for the petitioner submits that there is no allegation against the petitioner. During course of the investigation in para 114 of the case diary, name of the petitioner figured in the case. The petitioner is registered owner of the vehicle. The petitioner did not prepare any sale documents.

Patna High Court Cr.Misc. No.46547 of 2016 (2) dt.30-11-2016 2/2 Amarjyoti, who is named in the FIR, has already been enlarged on regular bail. The case of the petitioner stands on the better footing, as no specific allegation is made against the petitioner, but since the processes under Sections 82 and 83 Cr.P.C. has already been issued against the petitioner, therefore, the anticipatory bail petition of the petitioner is rejected.

If the petitioner surrenders before the court below within four weeks from the date of receipt/production of a copy of this order and prays for regular bail, his prayer shall be considered taking into consideration that Amarjyoti, against whom specific allegation is made, has already been enlarged on regular bail. The court below shall dispose of the bail petition preferably on the same day.

(Prabhat Kumar Jha, J.) Rakhi U T