← Library
Patna High CourtCR. MISC./17575/2018rejected

Jitendra Chauhan @ Rinku Chauhan v. The State Of Bihar

2018-04-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17575 of 2018 Arising Out of PS.Case No. -129 Year- 2017 Thana -CHAPRA RAIL P.S. District- SARAN ======================================================

1. Jitendra Chauhan @ Rinku Chauhan S/o Manu Chauhan, R/o VillageEkma Dakbunglow Ke Bagal Mei, P.S.- Ekma, District- Saran (Chapra). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Mr. Sri Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-04-2018 Heard both sides.

The petitioner apprehends his arrest in Chapra Rail P.S. case No. 129 of 2017 for the offences punishable under Section 401, 414/34 of the Indian Penal Code. The police arrested two persons, namely, Durga Kumar and Bishwas Dhangar. The apprehended accused disclosed the name of petitioner and others. They further disclosed that they had assembled at the platform to commit theft from the passengers.

The learned counsel for the petitioner submits that save and except this fact that name of petitioner figured in the statement of co-accused, who were apprehended at the platform, nothing was recovered from their possession nor anything was

Patna High Court Cr.Misc. No.17575 of 2018 (2) dt.05-04-2018 2/2 recovered from the possession of the petitioner but it appears that the case relates to pick pocketing and theft in running train and platform and the petitioner has got criminal antecedent and two cases of similar nature are lodged against him. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner own its own merit without being prejudiced from the order of this court. (Prabhat Kumar Jha, J) BKS/- U T