Mantos Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32876 of 2014 Arising Out of PS.Case No. -99 Year- 2011 Thana -RAJIVNAGAR District- PATNA ======================================================

1. Mantos Kumar son of Shri Jhanu Sah resident of village - Januati, P.O. Januati, P.S. Peru, District - Bhojpur ( Ara ) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amrit Abhijat, Advocate. For the Opposite Party/s : Mr. Yogendra Kr.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-02-2015 Heard both sides.

The petitioner apprehends his arrest in Rajeev Nagar P.S. Case No. 99 of 2011, registered for the offences punishable under Section 379 of the Indian Penal Code. The FIR is against unknown.

Learned counsel for the petitioner submits that the informant gave IMEI Number of stolen mobiles. During the course of investigation, it was found that same number i.e. 9708310598 was used in one of the stolen mobile. The aforesaid SIM was issued in the name Lakshmina Devi. Lakshmina Devi disclosed that the petitioner was using her SIM. Considering the facts that the petitioner was found using the stolen mobile of the SIM issued in the name of

Patna High Court Cr.Misc. No.32876 of 2014 (2) dt.04-02-2015 Lakshmina Devi, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail and his prayer shall be considered on its own merit without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T