Patna High CourtCR. MISC./11044/2016rejected

Vinay Kumar Rai @ Vinay Kumar v. The State Of Bihar

2016-04-18Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.11044 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11044 of 2016 Arising Out of PS.Case No. -779 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== VINAY KUMAR RAI @ VINAY KUMAR s/o Anil Kumar Rai, r/o vill Pujha Patjirwa, P.s. Pujha Shrinagar Dist. West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Dhannjay Kumar No 2, Advocate For the Opposite Party : Mr. Smt. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Bettiah Town P.S. Case No. 779 of 2015 pending in the Court of CJM, Bettiah, West Champaran for the offences instituted under Section 394 of the Indian Penal Code. As per prosecution case, it is a case of snatching a bag from the informant by the four accused persons out of whom one was apprehended at the spot.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no other material except for the confessional statement of a co-accused. There is no recovery from the conscious possession of the

Patna High Court Cr.Misc. No.11044 of 2016 (2) dt.18-04-2016 petitioner.

On behalf of the State, it has been submitted that the petitioner is not named in the FIR and the case relates to highway robbery.

Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T