Patna High CourtCR. MISC./10685/2016disposed

Mahendra Kumar v. The State Of Bihar

2016-03-10Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10685 of 2016 Arising Out of PS.Case No. -193 Year- 2015 Thana -DURGAWATI District- BHABHUA (KAIMUR) ======================================================

1. Mahendra Kumar Son of Layak Singh, R/o Village - Omnagar, P.S. - Oraiya, District - Oraiya, Up at present B. 127, Naviur Nagin, P.S. - Akbarpur, District - Kanpur (U.P.) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan For the Opposite Party/s : Mr. P.N.Pandit(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 10-03-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 395, 397 and 412 of the Indian Penal Code.

The prosecution case is that the accused persons named in the FIR and 5-6 others came on a truck, tied the hands of the informant and his brother and took away 120 sheep on the truck. Subsequently, the sheep were recovered from the truck near Kanpur when the driver confessed that the petitioner being owner of the truck is also involved in the commission of offence. It is submitted by the learned counsel for the

Patna High Court Cr.Misc. No.10685 of 2016 (2) dt.10-03-2016 2/2 petitioner that this is not in dispute that the petitioner was not present when the sheep were being loaded on the truck. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of the prayer for regular bail of the petitioner by the learned court below in case the petitioner surrenders within six weeks from today in connection with Durgawati P.S. Case No. 193 of 2015 pending in the court of learned CJM, Kaimur at Bhabua. This application is disposed of with the aforesaid observation/direction.

(Dinesh Kumar Singh, J) Anil/- U T