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Patna High CourtCR. MISC./44213/2018dismissed

Ramesh Sah v. The State Of Bihar

2018-07-27Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44213 of 2018 Arising out of P.S. Case No.-326 Year-2016 Thana- PATRAKARNAGAR District- Patna ====================================================== Ramesh Sah, S/o Brij Kishor Sah, resident of Mohammad Pur, P.S.- Barauli, District- Gopal Ganj (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tilak Sao, Advocate For the Opposite Party/s :

Mr. Chaubey Jawahar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-07-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Patrakar Nagar P.S. Case No. 326 of 2016, registered for offence punishable under Section 379 of the Indian Penal Code. As per F.I.R., allegation against the petitioner is of theft of Pickup Van of the informant.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR and his name was transpired during the confessional statement of other co-accused persons.

Learned A.P.P. opposes the prayer for bail.

Having regard of the facts and circumstances and the nature of allegation and criminal antecedent, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that

Patna High Court Cr.Misc. No.44213 of 2018(2) dt.27-07-2018 2/2 if the petitioner surrenders before the court below and makes prayer for regular bail, which will be considered by the learned court below on it own merit without being prejudiced by the order of this court.

With the aforesaid observation, this application is dismissed.

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