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Patna High CourtCR. MISC./38592/2015disposed

Sanjay Singh v. The State Of Bihar

2015-09-28Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38592 of 2015 Arising Out of PS.Case No. -88 Year- 2010 Thana -MAHARAJGANJ District- SIWAN ====================================================== Sanjay Singh, son of Bhrigunath Singh .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Abhay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-09-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 414, 467, 468 and 471 of the Indian Penal Code.

The prosecution case is that the police raided the shop of one Pushpendra Singh and arrested Pushpendra Singh and Maksud Alam, who confessed before the police that they used to commit theft of vehicle and sell the same by fabricated registration number and other documents. Subsequently, one stolen Bolero vehicle was recovered from the possession of coaccused Dr. Hiralal Prasad @ Hiralal Sah. The apprehended coaccused named the petitioner and others as gang members. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.38592 of 2015 (2) dt.28-09-2015 2/2 that only on confession of co-accused, petitioner has been roped in the present case. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. Moreover, the co-accused persons have been granted anticipatory bail.

Considering the fact that the case was registered in 2010 and long back the earlier bail application was rejected by learned Sessions Judge, this Court is not inclined to grant anticipatory bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner keeping in view of the fact that other co-accused has been granted anticipatory bail, if the petitioner surrenders within a period of six weeks in connection with Maharajganj P.S. Case No.88 of 2010, pending before the learned Judicial Magistrate, 1st Class, Siwan.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T