Mohan @ Mohan Kumar @ Sikandra Rai @ Setendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47795 of 2017 Arising Out of PS.Case No. -33 Year- 2017 Thana -MOHIUDDIN NAGAR DistrictSAMASTIPUR ======================================================

1. MOHAN @ MOHAN KUMAR @ SIKANDRA RAI @ SETENDRA KUMAR, Son of Bhagwan Rai, Resident of Village Repura, P.S.- Minapur (Panapur O.P.), District- Muzaffarpur .... Petitioner

Versus

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

For the Petitioner : Mr. Shashi Bhushan Singh, Adv. For the Opposite Party : Mr. Mritunjay Kumar Nirala, APP 109 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2017 Supplementary affidavit has been filed on behalf of the petitioner, let it be kept on record.

Heard both sides.

The petitioner apprehends his arrest in Mohiuddinnagar P.S. Case No. 33 of 2017 registered under Sections 406, 420, 414 and 34 of the Indian Penal Code. The informant, a police officer, alleged that he saw some persons in suspicious condition inside automated teller machine booth, but, after seeing the informant and others, accused persons started fleeing away. On chase, one Mustakeem Ansari was apprehended and he disclosed the name of the petitioner and his other accomplices. On raid, different automated teller machine cards were recovered from the possession of Mustakeem Ansari. Mustakeem Ansari disclosed that the petitioner and others were also indulged in cheating others after obtaining their password of their automated teller machine cards and they used to withdraw money from different accounts The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.47795 of 2017 (3) dt.13-11-2017 2/2 the petitioner was not arrested on the spot and nothing has been recorded from the possession of the petitioner, but, it appears that the co-accused was apprehended on chase and the petitioner managed to flee away from the place of occurrence. Many automated teller machine cards were recovered from the possession of apprehended accused person, Mustakeem Ansari. The petitioner has got criminal antecedent and he is accused in Veldi P.S. Case No. 57 of 2016 under Sections 379, 411 and 420 of the Indian Penal Code.

Considering the facts, aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail.

Accordingly, the prayer for anticipatory bail is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √