Chiku @ Ashish Agrawal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5452 of 2015 Arising Out of PS.Case No. -148 Year- 2014 Thana -NAWINAGAR District- AURANGABAD ======================================================

1. Chiku @ Ashish Agrawal, Son of Madan Agarwal Resident of village - Shanichar Bazar, P.S. Nabinagar, District - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajeshwar Singh, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.

The petitioner apprehends his arrest in Nabinagar P.S. Case No. 148 of 2014, registered for the offences punishable under Sections 461/379 of the Indian Penal Code. Chandrika Prasad the in-charge headmaster has alleged that he found two generator sets of the school missing and during the course of investigation one generator set was found in possession of the petitioner.

Learned counsel for the petitioner submits that he was not knowing the fact that the aforesaid generator set was stolen one. The guard of the school kept the generator set and the guard was also absconding.

It appears that the stolen generator set was recovered

Patna High Court Cr.Misc. No.5452 of 2015 (2) dt.10-02-2015 from the possession of the petitioner, hence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T