Patna High CourtCR. MISC./12655/2016disposed

Bachcha Kumar @ Arunoday Kumar v. The State Of Bihar

2016-03-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12655 of 2016 Arising Out of PS.Case No. -673 Year- 2015 Thana -MUZAFFARPUR SADAR DistrictMUZAFFARPUR ====================================================== Bachcha Kumar @ Arunoday Kumar, S/o Late Abhinandan Ojha, Resident of Village-Sri Krishna Nagar, Khabra, P.S. Sadar, District - Muzaffarpur, at present resident of Mohalla - Tinkothiya, P.S. - Mithanpura, District - Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Kalyan Shankar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 411, 120(b)/34 of the Indian Penal Code.

Prosecution case is that the informant being the Police Officer was returning after patrolling on 20.12.2015 at 5.00 P.M. then he received information from S.H.O. to raid the village Khabra in the house of one Golden Kumar. The informant raided the house of Golden Kumar and on seeing the police, 5-6 persons tried to flee away but on chase by the Police, three persons, namely, Md. Nehal, Md. Sonu and Md. Saif were caught and some Mobile phones and a suspicious motorcycle were recovered from

Patna High Court Cr.Misc. No.12655 of 2016 (2) dt.18-03-2016 2/2 them.

It is submitted by learned counsel for the petitioner that the petitioner's name has been roped into the present case only because the petitioner is the elder brother of the Golden Kumar. Admittedly, no recovery has been made from the petitioner. A statement has been made in paragraph -3, that the petitioner has no criminal antecedent.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioners, if they surrender within a period of six weeks in connection with Muzaffarpur Sadar P.S. Case No. 673 of 2015 pending in the Court of C.J.M. Muzaffarpur. Accordingly, the application stands disposed of. (Dinesh Kumar Singh, J) sunil/- U T