Mithlesh Rai @ Mithlesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6111 of 2017 Arising Out of PS.Case No. -134 Year- 2016 Thana -PATORI District- SAMASTIPUR ====================================================== Mithlesh Rai @ Mithlesh Kumar Rai, Son of Binda Rai @ Bindwashani Rai, Resident of Village-Balha, P.S.-Patory, District-Samastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar, Advocate For the Opposite Party : Dr. Rabindra Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-02-2017 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest in Patory P.S. Case No. 134 of 2016 instituted for the offence under Sections 341, 323 and 379/34 of the Indian Penal Code. It has been submitted that there is no specific allegation in the written report against the petitioner of snatching the articles from possession of the informant. He has clean antecedent.

From the written report, it appears that on account of road accident by the motorcycle of informant, his motorcycle was surrounded by people and he was told to take the child for treatment in the Nursing Home. The miscreants took away the

Patna High Court Cr.Misc. No.6111 of 2017 (2) dt.17-02-2017 2/2 articles namely, Electronic Pad, Icco and Codeless Mic of the informant. It has further been alleged that after treatment, the informant made request to return his articles, but accused persons denied to return the articles and thereafter the case has been lodged.

In this manner, there is general and omnibus allegation against this petitioner. There is no any specific allegation that this petitioner has snatched articles of the informant. It is mentioned in para-3 of bail petition that petitioner has clean antecedent. In the circumstances, prayer of the petitioner for anticipatory bail is allowed.

In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Patory P.S. Case No. 134 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Sanjay Priya, J.) ravi/- U T