Patna High CourtCR. MISC./41440/2016rejected

Bikash Kumar Yadav v. The State Of Bihar

2016-11-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41440 of 2016 Arising Out of PS.Case No. -449 Year- 2016 Thana -ARA NAWADA District- BHOJPUR ======================================================

1. Bikash Kumar Yadav Son of Satendra Rai @ Satendra Yadav resident of Village- Jamira, P.S.- Ara Mufassil, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar For the Opposite Party/s : Mr. Sri Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-11-2016 Heard both sides.

The petitioner apprehends his arrest in Ara Nawada P.S. Case No. 449/2016, registered for the offences punishable under Sections 379, 411 of the Indian Penal Code. The informant withdrew money from the ATM, State Bank of India. Two persons were standing by his side. The moment, the informant withdrew Rs. 10,000/-, two persons snatched the money and fled away. On chase, one Ashok Kumar Yadav @ Santosh Kumar Yadav was apprehended who threw the money on the road and disclosed the name of the petitioner who was accompanying him as Bikash Kumar Yadav, the petitioner. Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot. Nothing has been

Patna High Court Cr.Misc. No.41440 of 2016 (3) dt.29-11-2016 2/2 recovered from the possession of the petitioner. Ashok Kumar Yadav @ Santosh Kumar Yadav happens to be co-villager of the petitioner and that is why he named the petitioner, but it appears that two persons entered into the ATM booth and snatched money from possession of the informant and they were fleeing away but on chase one of them, namely Ashok Kumar Yadav @ Santosh Kumar Yadav was apprehended. Santosh Kumar Yadav threw the money and the same was recovered. Ashok Kumar Yadav @ Santosh Kumar Yadav disclosed the name of the petitioner who managed to flee away.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T