Patna High CourtCR. MISC./51120/2018dismissed

Mukesh Kumar v. The State Of Bihar

2018-09-05Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51120 of 2018 Arising Out of PS.Case No. -140 Year- 2018 Thana -JAMALPUR District- MUNGER ======================================================

1. Mukesh Kumar S/o Lakhan Lal Yadav @ Brajesh Kumar , R/o Ramchandrapur, P.S.- Jamalpur, District- Munger. Presently posted at Lakhisarai, P.S.- Lakhisarai, District- Lakhisarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-09-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Jamalpur P.S.Case No.140 of 2018 registered for offences punishable under Sections 392 of the Indian Penal Code. Allegation against the petitioner as per FIR is of snatching away of Rs.4,95,000/- by the accused persons while he was taking the money to deposit the same in the HDFC Bank and though the petitioner is not named in the FIR but later on his name transpired on the basis of the CCTV footage and the CDR location also shows presence of the petitioner.

Submission of the learned counsel for the petitioner is that he is constable and he has been falsely implicated in this case and except he was seen near the place of occurrence, there is

Patna High Court Cr.Misc. No.51120 of 2018 (2) dt.05-09-2018 2/2 absolutely nothing against the petitioner.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U