Patna High CourtCR. MISC./44462/2016rejected

Roshan Pandey @ Rousan Kumar Pandey v. The State Of Bihar

2016-12-14Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44462 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -BUXAR District- BUXAR ====================================================== Roshan Pandey @ Roushan Kumar Pandey, Son of Surendra Kumar Pandey @ Bhola Pandey, resident of Mohalla Gayatri Nagar, Someshwar Sthan, Buxar, P.S. Buxar (Town), District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Mishra, Adv. For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-12-2016 Heard both sides.

The petitioner apprehends his arrest in Buxar (T) P.S. Case No. 235/2015, registered for the offences punishable under Sections 401, 414 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that prayer for anticipatory bail of the petitioner was earlier rejected vide order dated 06.10.2015 passed in Cr. Misc. 40809/2015. It is submitted that one criminal case was pending against the petitioner, but the same has also ended in acquittal. Now, petitioner has got no criminal antecedent, but it appears that two motorcyles were recovered from the house of the petitioner and both the motorcycles were released in favour of real owners who

Patna High Court Cr.Misc. No.44462 of 2016 (2) dt.14-12-2016 2/2 did not complain about the theft of their motorcycle. Be that as it may, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, the prayer for regular bail of the petitioner shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) Vinita/- U T