Mithilesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41246 of 2016 Arising Out of PS.Case No. -33 Year- 2011 Thana -HAYAGHAT District- DARBHANGA ====================================================== Mithilesh Kumar Yadav Son of Yugeshwar Yadadv, Resident of VillagePaghari, Police Station- Baheri, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dharmendra Jha, Adv. For the Opposite Party/s : Mr. Ram Priya Saran Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-11-2016 Heard both sides.

The petitioner apprehends his arrest in Hayaghat P.S. Case No. 33/2011, registered for the offences punishable under Section 380 of the Indian Penal Code.

The informant lodged the case against unknown for theft of one Nokia mobile bearing SIM no. 9006521205 from his house. It is submitted that the case is of course of the year 2011, but the charge-sheet was submitted in the year 2016 in which it has come that petitioner had also talk with the stolen mobile. Nothing has been recovered from the possession of the petitioner. It appears that the anticipatory bail petition of the petitioner was earlier rejected by the learned Sessions Judge vide order dated 14.06.2016, but the petitioner again filed another anticipatory bail

Patna High Court Cr.Misc. No.41246 of 2016 (2) dt.11-11-2016 2/2 petition before the learned Sessions Judge.

Considering the facts aforesaid and the fact that during investigation it has come that the petitioner had also talk with the stolen mobile of the informant, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

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