Patna High CourtCR. MISC./32485/2018disposed

Shambhu Das v. The State Of Bihar

2018-06-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32485 of 2018 Arising Out of PS.Case No. -27 Year- 2016 Thana -SIMULTALA District- JAMUI ======================================================

1. Shambhu Das S/o Jamuna Ravidas, R/o Vill.- Gangra, P.S.- Gidhour, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 The petitioner is apprehending his arrest in connection with Simultalla P.S. Case No. 27 of 2016, registered for offences punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner and others is of snatching the motorcycle of the informant.

It has been submitted on behalf of the petitioner that he has not been named in the F.I.R and nothing has been recovered from him and no T.I.P has been held and his name has surfaced in this case only on the basis of confession of co-accused and except that there is nothing against the petitioner. It has also been submit that other co-accused has already been granted the privilege of regular bail by a coordinate Bench of this Court vide order dated 16.02.2017 passed in Cr. Misc. No. 55014 of 2016 along with Cr.

Patna High Court Cr.Misc. No.32485 of 2018 (2) dt.28-06-2018 2/2 Misc. No. 765 of 2017.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and the nature of accusation, I am not inclined to grant the privilege of anticipatory bail rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below after considering the fact that other co-accused having similar allegation has already been enlarged on bail, shall pass an appropriate order, without being prejudiced by the order of this Court.

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