Patna High CourtCR. MISC./34624/2017rejected

Veeru Miyan @ Aftab Aalam v. The State Of Bihar

2017-08-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34624 of 2017 Arising Out of PS.Case No. -6 Year- 2017 Thana -AGIAUN District- BHOJPUR ======================================================

1. Veeru Miyan @ Aftab Aalam Son of Naimudin, R/o Village- Agiaon, P.S.- Agiaon (Gahani), District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.

The petitioner apprehends his arrest in Agiaon (Garhani) P.S. case No. 06 of 2017 for the offences punishable under Section 379/411 of the Indian Penal Code. The informant caught Anil Yadav while committing theft of paddy. The informant also disclosed the name of Pintu Yadav and petitioner, who managed to flee away from the place of occurrence.

The learned counsel for the petitioner submits that petitioner had dispute with the informant with regard to payment of wages and that is why he has falsely been implicated in the case but it appears that informant saw the petitioner while fleeing away from the place of occurrence and Anil Yadav was apprehended on

Patna High Court Cr.Misc. No.34624 of 2017 (2) dt.10-08-2017 2/2 the spot while committing theft of paddy.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, i.e., the learned Additional Chief Judicial Magistrate, VII, Bhojpur at Ara in Agiaon (Garhani) P.S. case No. 06 of 2017, the learned court below shall consider the prayer for regular bail of the petitioner taking into consideration that Anil Yadav and Pintu Yadav have already been granted bail and the case of petitioner stands on the same footing.

(Prabhat Kumar Jha, J) BKS/- U T