Jai Prakash Sahani v. The State Of Bihar

Patna High Court Cr.Misc. No.53286 of 2016 (2) dt.08-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53286 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ====================================================== Jai Prakash Sahani, S/o Mantu Shanai, resident of Village- Bithauli, P.S. Bhagwanpur, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sri Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bhagwanpur P.S. Case No. 63 of 2016 registered under Sections 461 and 379 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Vaishali at Hajipur. Regarding theft of six motors of company Ghari Detergent Powder, F.I.R. was lodged against unknown on 09.04.2016 on the basis of written report of informant, Manish Kumar.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. In course of investigation, out

Patna High Court Cr.Misc. No.53286 of 2016 (2) dt.08-12-2016 of six motor, one motor was said to be recovered from the house of the petitioner but at that time petitioner was not present there. It is further submitted that petitioner has no criminal antecedent. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T