Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30938 of 2015 Arising Out of PS.Case No. -18 Year- 2015 Thana -MARANCHI District- PATNA ======================================================

1. Amit Kumar Son of Mahendra Singh, resident of village - Maranchi, Police Station - Maranchi, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar, Advocate. For the Opposite Party/s : Mr. Rana Randhir Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioner is apprehending his arrest in connection with Maranchi Police Station Case No. 18 of 2015 for the offences instituted under Sections 413/414/34 of the I.P.C. Heard learned counsel for the petitioner and learned counsel for the State.

Prosecution case, in short, is that on chase one Ravi Roushan Kumar @ Baigna was caught and in his courtyard several parts of generator and other articles were found in a sack. On behalf of the petitioner it is submitted that there is no recovery of any incriminating article from the possession of the petitioner. Petitioner's name has appeared in the present case on the basis of the confessional statement of the co-accused. Petitioner has falsely been implicated in the present case by co-

Patna High Court Cr.Misc. No.30938 of 2015 (2) dt.31-07-2015 2/2 accused Ravi Roushan Kumar @ Baigna. It is further submitted that the other co-accused have been granted anticipatory bail but they have no criminal antecedent.

On behalf of the State it has been submitted that petitioner has got criminal antecedent.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Maranchi P.S. Case No. 18 of 2015, pending in the court of the learned A.C.J.M., Barh, Patna. Anyhow, if the petitioner surrenders in the court below within a period of four weeks the same shall be considered on its own merit without being prejudiced by this order preferably on the same day. (Sudhir Singh, J.) Mkr./- U T