Manu Kumar @ Monu Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40420 of 2020 Arising Out of PS. Case No.-207 Year-2020 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Manu Kumar @ Monu Kumar Sah, Son of Sharavan Sah, Resident of VillageBatrauli, P.S. Siwan Muffasil, District- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Satyendra Rai, Advocate.
For the Opposite Party/s :
Mr. Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 22-07-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office, within four weeks of starting of the Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner apprehends his arrest in connection with Siwan Muffasil (Mahadewa O.P.) P.S. Case No. 207 of 2020, registered under Sections 392 and 411 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Siwan. The accusation is that on 13.05.2020, at about 08.15 P.M., informant, Rajnarayan Singh, was going to clinic of Dr. Sanjay Kumar Singh from his house boarding on motorcycle
Patna High Court CR. MISC. No.40420 of 2020(2) dt.22-07-2021 2/3 bearing registration no. BR 01CM 0926, but in the way, four persons boarding on two motorcycles overtook his motorcycle and create terror and snatched his motorcycle, mobile and cash of Rs. 1200/-. On raising alarm, people gathered there and started to chase but they started to flee away, while on chased three persons succeeded to flee away taking his motorcycle but one person was apprehended, who disclosed his name as Rajesh Yadav. On query, Rajesh Yadav also disclosed the name of his three associates as Mantu Kumar, Manu Kumar (petitioner) and Megha Choudhary. Thereafter, mobile of the informant and cash of Rs.1200/- were found in possession of Rajesh Yadav. Learned counsel for the petitioner submits that petitioner was not apprehended at the spot rather his name has been disclosed by co-accused, Rajesh Yadav, who was apprehended at the spot with robbed mobile and cash of Rs.1200, due to previous enmity. Further submission is 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
Patna High Court CR. MISC. No.40420 of 2020(2) dt.22-07-2021 3/3 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