Mithu And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38435 of 2017 Arising Out of PS.Case No. -320 Year- 2017 Thana -PURNEA SADAR District- PURNIA ======================================================

1. Mithu, S/o Dilip Sharma,

2. Chhotu, S/o Naresh Sah, Both Resident of Mohalla- Chauhan Tola, Gulabbagh, P.S.- Sadar, District- Purnea.

3. Ashish Kumar, S/o Raj Kishor Yadav, Resident of Mohalla- Krishi Farm (ETC), Khuskibagh, P.S.- Sadar, Dist.- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Purnea Sadar P.S.Case No.320 of 2017, registered for offences punishable under Sections 392/34 of the Indian Penal Code.

Allegation against the petitioners as per F.I.R. is that while the informant was coming after closing the shop along with Rs.2,00,000/-, the petitioners came on the Motorcycle and snatched money and on being made 'hulla', the people chased and identified them as the petitioners in this case. Submission of the learned counsel for the petitioner is that there is delay in lodging the F.I.R., as such it is a concocted case

Patna High Court Cr.Misc. No.38435 of 2017 (2) dt.21-08-2017 2/2 and the petitioner has been falsely implicated in this case. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioners, however, the petitioners is directed to surrender before the learned court below within a period of four weeks and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

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