Patna High CourtCR. MISC./44938/2016dismissed

Mukesh Kumar v. The State Of Bihar

2017-01-12Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44938 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -PATNA GRP CASE District- PATNA ====================================================== Mukesh Kumar, Son of Late Devendra Singh, resident of Hasanpur, Khusrupur Tola, P.S.- Khusrupur, Dist- Patna. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Prakash Chandra Agrawal, Advocate For the Opposite Party : Mr. Pramod Kumar Pandey(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Bakhtiyarpur (Rail) P.S. Case No. 68 of 2015 instituted for the offence under Sections 341, 323, 379, 353 and 504 of Indian Penal Code. The informant is Gate Man of Khusrupur Railway Station. He has alleged that on the date of occurrence petitioner came on motorcycle and asked the informant to open the gate and when informant refused, he abused him and snatched Rs.528/- from his pocket and also gave threat to kill and later on informant informed the higher authority about the occurrence. Statement has been made in para-3 of the bail petition that total five cases are pending against the petitioner. From nature of case as mentioned

Patna High Court Cr.Misc. No.44938 of 2016 (3) dt.12-01-2017 2/2 in para-3 of the bail petition, these cases are under Sections 341, 323, 384, 386, 307, 385 of the Indian Penal Code. In such circumstances and conduct of the petitioner, it appears that he has indulged in such type of crime. Therefore, this court does not find it fit case for anticipatory bail. Accordingly, this anticipatory bail petition is hereby rejected in Bakhtiyarpur (Rail) P.S. Case No. 68 of 2015, pending in the court of Rail Judicial Magistrate, Patna. The petitioner is directed to surrender before the court below within four weeks from today and seek regular bail which shall be considered and disposed of preferably on the same day without being prejudiced by this order.

(Sanjay Priya, J.) ravi/- U T