Shatrughna Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42294 of 2017 Arising Out of PS.Case No. -328 Year- 2017 Thana -AHIAPUR District- MUZAFFARPUR ====================================================== Shatrughna Rai, Son of Ram Chandra Rai, R/o Village- Ganeshpur, P.S.- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER --------------- 19-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Ahiyapur P.S. Case No.328 of 2017 registered under Sections 401 and 379 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Muzaffarpur.

The accusation is that in course of returning to his house from the house of his Samadhi, the informant boarded on the Tempo alongwith his relative Pawan Thakur in which five boys were already sitting. When the Tempo reached near the Medical, one person opened the newspaper in front of the eyes of the informant. At that time, one boy took Rs.2000/- from the pocket of the informant. When that boy again tried to put his hand in the pocket of the informant, the informant

Patna High Court Cr.Misc. No.42294 of 2017 (2) dt.19-09-2017 2/2 caught hold of him. Thereafter, that boys on giving the signal to stop the Tempo started to flee away but he was apprehended by the people. The apprehended boy disclosed his name as Rajesh Thakur and also disclosed the name of his other 4 associates as Shatrughan Rai (petitioner), Shankar Mahto, Manoj Sahani and Sunil Ram. Learned counsel appearing on behalf of the petitioner submits that the petitioner was not apprehended on the spot rather his name has been disclosed by the co-accused Rajesh Thakur. The petitioner has no criminal antecedents.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T