Patna High CourtCR. MISC./15264/2017rejected

Nishant Raj @ Nishant Kumar v. The State Of Bihar

2017-04-12Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15264 of 2017 Arising Out of PS.Case No. -403 Year- 2016 Thana -KOTWALI District- PATNA ====================================================== Nishant Raj @ Nishant Kumar S/o Arun Kumar Avichal, Resident of Ashok Nagar Road No. 1K, P.S.- Kankarbagh, District- Patna. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State. Petitioner apprehends his arrest in connection with Kotwali P.S. Case No.403 of 2016 registered under Sections 356/379 of the Indian Penal Code.

Allegation is that the two boys on motorcycle snatched the mobile of the informant. The First Information Report is against unknown but later on during investigation, the snatched mobile was recovered from Furkan Khan who disclosed in his statement during investigation that he has purchased the said mobile from this petitioner.

Learned counsel for the petitioner submits that except disclosure made by Furkan Khan from whose possession the mobile was recovered, there is no material against the

Patna High Court Cr.Misc. No.15264 of 2017 (2) dt.12-04-2017 2 / 2 petitioner.

However, it appears that the investigation is still going on and considering the allegation and the material as reflected in the impugned order, this Court does not find it a fit case for grant of anticipatory bail.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Kotwali P.S. Case No.403 of 2016, pending before the learned Chief Judicial Magistrate, Patna.

The petitioner, if so advised, may surrender and seek for regular bail.

(Arun Kumar, J.) S.Kumar/- U T