Patna High CourtCR. MISC./7344/2016disposed

Prince Kumar Rai v. The State Of Bihar

2016-02-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7344 of 2016 Arising Out of PS.Case No. -152 Year- 2015 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Prince Kumar Rai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Indra Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-02-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 458 and 380/34 of the Indian Penal Code and Section 25(1-B)a and 35 of the Arms Act.

The prosecution case is that on 23.06.2015 at about 11 PM in the night, the brother of the informant Mantu Kumar @ Anand Kumar Gupta heard some sound inside the shop when he raised alarm, on his alarm another brother of the informant reached to the spot and caught hold of one miscreants when other managed to flee away. The apprehended accused disclosed his name as Shivam Kumar Rai when it was found that from the shop, `3,80,000/- cash, coupons of airtel, 21 coins of silver and one gold idol were stolen. The apprehended accused disclosed that stolen

Patna High Court Cr.Misc. No.7344 of 2016 (2) dt.18-02-2016 2/2 articles were taken away by the petitioner.

It is submitted by learned counsel for the petitioner that admittedly there is no recovery from the petitioner and the petitioner is agnate of apprehended accused Shivam Kumar Rai with whom he is on inimical terms as a result he has been named. The aforesaid facts constitute good ground for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioner if he surrenders within a period of six weeks in connection with Nautan P.S. Case No. 152 of 2015 pending in the court of learned JM, 1st Class, West Champaran at Bettiah.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T