Patna High CourtCR. MISC./48196/2016disposal with observation

Om Prakash Thakur v. The State Of Bihar

2016-12-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48196 of 2016 Arising Out of PS.Case No. -155 Year- 2016 Thana -BARAULI District- GOPALGANJ ====================================================== Om Prakash Thakur Son of Radha Krishna Thakur resident of village - Badheya, P.S. Barauli, District Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Anisur Rahman For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-12-2016 Heard Sri Md. Anisur Rahman, learned counsel for the petitioner and Sri Damodar Prasad Tiwary , learned Additional Public Prosecutor.

Earlier in this case , case diary was called for. The petitioner apprehending his arrest in Barauli P.S. Case No. 155 of 2016 registered for the offence under Sections 401, 413, 414, 411, 420, 467, 468, 471 of the Indian Penal Code has prayed for grant of bail in the event of arrest or surrender. It was submitted by learned counsel for the petitioner that the petitioner is disabled up to the extent of 85% and he is not even in a condition to move however , learned Additional Public Prosecutor after examining the case diary submits that during investigation material has come to show that petitioner along

Patna High Court Cr.Misc. No.48196 of 2016 (4) dt.23-12-2016 2/2 with others were involved in sale and purchase of stolen vehicle . Even from possession of the petitioner one stolen Pick Up Van was recovered.

Considering the facts and circumstances the Court is of the opinion that certainly in such cases privilege of anticipatory bail may not be extended. However, if petitioner within a period of six weeks from today appears before the court below and makes a prayer for regular bail , the learned court below may examine the same and also examine as to whether the petitioner is actually physically handicapped or not and pass appropriate order in accordance with law preferably on the same day. The petition stands disposed of.

(Rakesh Kumar, J) Praful/- U T