Santosh Kumar @ Santosh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.14299 of 2018 (2) dt.06-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14299 of 2018 Arising Out of PS.Case No. -3 Year- 2017 Thana -BAKHTIYARPUR RPF/POST District- PATNA ======================================================

1. SANTOSH KUMAR @ SANTOSH YADAV S/o Mahendra Yadav, R/o Village- Patuana, P.S.- Bihar, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 06.04.2018 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner apprehends his arrest in connection with RPF Post Bakhtiyarpur P. S. case no. 03/2017 registered under section 3 RP(UP) Act.

The accusation against the petitioner is that he along with FIR named accused Lalan Kumar Yadav was trying to commit theft of railway property but fortunately, Lalan Kumar Yadav was caught on the spot whereas the petitioner managed to escape. The name of the petitioner was disclosed by apprehended accused.

Regard being had to facts and circumstances as well as submissions of the parties, I am not inclined to

Patna High Court Cr.Misc. No.14299 of 2018 (2) dt.06-04-2018 extend the privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, petitioner is directed to surrender before the court below within six weeks from today and if he does so and seeks regular bail, the concerned court shall consider regular bail application of petitioner on its own merit without being prejudiced by this rejection order.

shahid (Hemant Kumar Srivastava,J) U T