Chandra Mohan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.24924 of 2017 Arising Out of PS.Case No. -146 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Chandra Mohan Kumar, Son of Ajay Kumar Thakur, Resident of VillageBalha, P.S. Chakl Mehsai, District- Samastipur. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar For the Opposite Party/s : Mr. M. Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 13-07-2017 Heard Mr. Ajit Kumar for the petitioner and Mr. M. Dayal, APP for the State.
Apprehending his arrest in Bibhutipur P.S. Case No. 146 of 2016 registered under Section 395 of the Indian Penal Code, the present application is filed for grant of anticipatory bail. While the informant along with a pillion was going on a motorcycle, it is alleged that five accused persons surrounded him and robbed the informant of his cash amount carried in a bag. Immediately, chase was offered and two of them were apprehended who named the petitioner as their associates. Contention of the petitioner is that he was not apprehended at the place of occurrence. He is suffering from mental illness. The accuseds apprehended at the place of occurrence were granted regular bail.
Patna High Court Cr.Misc. No.24924 of 2017 (3) dt.13-07-2017 2/2 Counsel for the State opposed the prayer. It is pointed out that immediately after the occurrence, the accused persons were apprehended and found possessed with the stolen cash. They have named the petitioner.
In my view, it is not a fit case for grant of anticipatory bail to the petitioner. Prayer is rejected. Petitioner shall surrender in the Court below and pray for bail which shall be considered on its own merit in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T