Patna High CourtCR. MISC./49913/2015rejected

Rajeev Yadav @ Rajesh Kumar @ Rajesh Yadav v. The State Of Bihar

2015-11-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49913 of 2015 Arising Out of PS.Case No. -115 Year- 2015 Thana -KUMARGHAND District- MADHEPURA ======================================================

1. Rajeev Yadav @ Rajesh Kumar @ Rajesh Yadav Son of Sarovar Yadav @ Sarovar Prasad Yadav R/o Villae Machha, P.s. Shankarpur, District Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Ashraf Ansari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-11-2015 Heard learned counsel for the petitioner and the State. In this case, petitioner is seeking bail in Kumarkhand P.S.Case No. 115 of 2015 registered u/s 392 IPC. In the present case, allegation has been made that the informant after purchasing cattle from Sindheshwar Haat was returning back and while he reached near Jan Vikash Bhawan in village Sukhasan, three miscreants on one motor-cycle had snatched money from the pocket of the informant. On raising alarm, villagers chased them and arrested the petitioner and the petitioner was handed over to Police.

Counsel for the petitioner submits that the petitioner is innocent and was not involved in the said act, as three persons had fled away towards village Sukhasan, under wrong impression,

Patna High Court Cr.Misc. No.49913 of 2015 (3) dt.10-11-2015 2/2 petitioner was arrested so much so he was going to the village of his maternal uncle and this incident took place. It has further been submitted that at 9:50 P.M. in the night petitioner could not be identified and as such, there may be suspicion but the fact is that he is not involved in this case.

It has further been submitted that neither money nor any firearm was recovered from the possession of the petitioner. Looking to the facts and circumstances of the case and the fact that the petitioner was arrested on chase, this Court is not inclined to enlarge the petitioner on bail. This petition is accordingly, dismissed.

Jay/- (Shivaji Pandey, J) U