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Patna High CourtCR. MISC./31625/2019rejected

Md. Aftab Alam v. The State Of Bihar

2019-05-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31625 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== MD. AFTAB ALAM S/o Md. Naushad Alam aged about 24 years, Male, Resident of Village- Salehchak, P.O.- Hussaina, P.S.- Ballia, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bijendra Kumar For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-05-2019 Heard both sides.

The petitioner apprehends his arrest in Bakhtiyarpur Rail P.S. Case No.49 of 2018 registered under Section 379 of the Indian Penal Code.

The F.I.R. was registered against unknown for theft of purse containing mobiles and other articles of the daughter-inlaw of the informant. The learned counsel for the petitioner submits that during the course of investigation, it has come that stolen mobile was used by the petitioner after putting his SIM inside the mobile. Learned counsel for the petitioner further submits that petitioner had given his mobile along with SIM for repairing and petitioner did not use the stolen mobile but from

Patna High Court CR. MISC. No.31625 of 2019(2) dt.13-05-2019 2/2 the facts, it appears that SIM of the petitioner was used in stolen mobile of the daughter-in-law of the informant. The mobile was found in possession of the petitioner.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T