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Patna High CourtCR. MISC./42672/2019dismissed

Sintu Yadav @ Sintu Kumar v. The State Of Bihar

2019-07-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42672 of 2019 Arising Out of PS. Case No.-15 Year-2019 Thana- GWALPARA District- Madhepura ====================================================== Sintu Yadav @ Sintu Kumar, Son of Mahendra Yadav, Resident of Village - Bijoliya, P.S.- Basnahi, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Advocate For the Opposite Party/s :

Mr.Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2019 This is an application for grant of anticipatory bail in connection with Gwalpara P.S. Case No. 15 of 2019, disclosing offence under Section 394 of IPC.

Prosecution story disclosed that while informant was going by motorcycle, some miscreants pushed him, due to which, he fell down and also made firing and taken away his motorcycle. Though, petitioner is not named in the F.I.R. but later on, his name transpired from the confessional statement of co-accused Manish Chaudhary.

Submission of the learned counsel for the petitioner is that except confessional statement there is nothing against him and he has no criminal antecedent also.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that not only his name transpired in the confessional statement of the co-accused but

Patna High Court CR. MISC. No.42672 of 2019(2) dt.10-07-2019 2/2 also certain xerox papers of the looted motorcycle has already been recovered from the house of the petitioner and furthermore, investigation is still going on. Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered by the learned court below on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T