Vijay Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49001 of 2016 Arising Out of PS.Case No. -117 Year- 2015 Thana -INDUSTRIAL District- BHAGALPUR ======================================================

1. Vijay Paswan Son of late Chaudhary Paswan Resident of VillageChandarpur, Police Station- Sajour, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Najmul Hodda For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Sections 457 and 380 of the Indian Penal Code. The allegation against the petitioner is that a theft mobile was recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the mobile of the petitioner was also lost and the recovered mobile SIM was in possession of the petitioner. As such, he has been implicated in this case.

Heard learned APP appearing for the State, who opposed the prayer for anticipatory bail.

Having heard both sides and from perusal of the

Patna High Court Cr.Misc. No.49001 of 2016 (2) dt.19-12-2016 impugned order, it transpires that the theft mobile has been recovered from the possession of the petitioner, I am not inclined to grant of anticipatory bail. Accordingly, prayer of the petitioner is rejected. However, the petitioner is directed to surrender before the court below and seek regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) A.I./- U