Patna High CourtCR. MISC./48212/2016disposed

Md. Abid And ANR v. The State Of Bihar

2017-03-01Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48212 of 2016 Arising Out of PS.Case No. -160 Year- 2015 Thana -DIGHA District- PATNA ======================================================

1. Md. Abid

2. Md. Javed Both sons of Abdul Khalik, Resident of Village - Sadpura, P.S. Kazi Mohammadpur, Dist - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok For the Opposite Party/s : Smt. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-03-2017 The petitioners are apprehending their arrest in connection with Digha P.S. Case No. 160 of 2015, registered for offences punishable under Section 379 of Indian Penal Code. Allegation is of theft of one Tata Sumo Gold vehicle. It has been submitted on behalf of the petitioners that petitioners' names have surfaced in this case only on the basis of confessional statement of one Md. Aslam @ Md. Juhi, an accused in other case and except that there is nothing against the petitioners. It has further been submitted that though the petitioners are accused in two other cases, but they are on bail on those cases.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.48212 of 2016 (4) dt.01-03-2017 2/2 circumstances of the case, at this stage, I am not inclined to grant the petitioners the privilege of anticipatory bail it is accordingly rejected.

Let petitioners surrender before the Court below and pray for regular bail, an if any such application is filed, the court below shall consider the submissions of learned counsel for the petitioners that save and except confessional statement, there is nothing against the petitioners and shall pass an appropriate order on the merit of the case, preferably on the same day, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T