Kaushal Yadav @ Kaushal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49255 of 2014 Arising Out of PS.Case No. -94 Year- 2013 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Kaushal Yadav @ Kaushal Kumar Son of Sri Arjun Yadav Resident of Village - Baburahi, P.S- Sahebpur Kamal, Distt- Begusarai (Bihar). .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.51443 of 2014 Arising Out of PS.Case No. -94 Year- 2013 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Rakesh Kumar @ Gandhi Yadav @ Rakesh @ Gandhi S/o Susheel Yadav Resident of Village Baburahi, P.S. Sahebpur Kamal, District Begusarai.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.49255 of 2014) For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s : Mr. Navin Kumar Pandey (App) (In Cr.Misc. No.51443 of 2014) For the Petitioner/s : Mr. Binod Kumar For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-04-2015 Heard both sides.

The petitioners apprehend their arrest in a case under section 379 of the Indian Penal Code.

The informant alleged that two persons came on a

Patna High Court Cr.Misc. No.49255 of 2014 (2) dt.06-04-2015 2 / 2 motorcycle and pushed the informant. Thereafter, they snatched the bag containing mobiles etc. of the informant. Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. The names of the petitioners figured in the case in the confessional statement of one Munna Kumar. It is further submitted that the informant alleged that two persons came on a motorcycle, but Munna Kumar disclosed the names of four persons.

On perusal of the records it appears that the petitioners are of course not named in the F.I.R., but the names of the petitioners figured in the case in the confessional statement of Munna Kumar. The case relates to snatching on road.

Hence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected. The petitioners are directed to surrender in the court below and the court below shall consider the regular bail of the petitioners taking into consideration that nothing has been recovered from the petitioners, and the names of the petitioners have figured in the case in the confessional statement of one Munna Kumar, and dispose of the bail petition on the same day. B.Roy/- (Prabhat Kumar Jha, J) U T