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Patna High CourtCR. MISC./1022/2017rejected

Ramautar Singh Chandravanshi v. The State Of Bihar

2017-02-15Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1022 of 2017 Arising Out of PS.Case No. -47 Year- 2014 Thana -NABINAGAR District- AURANGABAD ====================================================== Ramautar Singh Chandravanshi, Son of Late Mahavir Singh, resident of Village - Tengra, P.S. - Barun, Dist. - Aurangabad. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Mr. Sri Amrendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.

In this application for anticipatory bail the petitioner apprehends his arrest in connection with Nabinagar P.S. Case No. 47 of 2014 for the offences punishable under sections 381 and 34 of the I.P.C.

Allegedly, Arvind being relative of the petitioner was servant in the house of the informant and he after committing theft of motorcycle and cash of Rs.14,000/- and ornaments of Rs. 2,50,000/- went at the house of the petitioner and after keeping the motorcycle there he fled away from there. The informant recovered the said motorcycle from the house of the petitioner and thereafter FIR was lodged.

Patna High Court Cr.Misc. No.1022 of 2017 (3) dt.15-02-2017 2/2 Submission is of false implication and that production-Cum- seizure list has been prepared on 15.12.2015 after long lapse of time, no reliance can be placed upon the statement of the informant, the petitioner is an old man aged about 70 years and as such he deserves sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner.

In the facts and circumstances as stated above, considering the alleged recovery of motorcycle from the house of the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of C.J.M. Aurangabad.

(Jitendra Mohan Sharma, J) Abhay/- U T