Patna High CourtCR. MISC./37533/2019dismissed

Tinku Kumar v. The State Of Bihar

2019-10-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37533 of 2019 Arising Out of PS. Case No.-190 Year-2019 Thana- NAWADA District- Nawada ====================================================== 1.

TINKU KUMAR Son of Tekuni Tiwari @ Kamlesh Tiwari 2.

Kundan Raut @ Kundan Kumar Son of Sideshwar Raut @ Sidheshwar Mahto 3.

Dablu Kumar @ Shahil Kumar Son of Chhote Raut. All residents of VillageApsarh, P.S.- Warisaliganj, District- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Krishna Deo Raj For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioners seek bail in anticipation of their arrest in connection with Nawada Town Police Station Case No.190 of 2019 registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120(B)/34 of the Indian Penal Code. As per F.I.R., one person was apprehended by the Police and it is alleged that he was doing manipulation in the A.T.M. and from his possession one mobile phone, some mobile parts and cash amount were recovered and he disclosed the name of other accused persons, including these petitioners. Submission of learned counsel for the petitioners is that they have not been arrested on the spot and only on the basis of confession they have been made accused in this case.

Patna High Court CR. MISC. No.37533 of 2019(5) dt.24-10-2019 2/2 Heard learned A.P.P. also, who opposed the prayer for anticipatory bail stating therein that in the confessional statement the accused has named these petitioners as other members of the gang and they are engaged in the manipulation of the A.T.M. and illegally withdrawing money. Having heard both sides and in view of the above allegation as discussed above, I am not inclined to grant privilege of anticipatory bail to the petitioners, above named. However, if the petitioners surrender and pray for regular bail, the same shall be considered on the basis of material available on the record without being prejudiced by this order. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) abhishek/- U T