Vivek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51059 of 2018 Arising Out of PS.Case No. -28 Year- 2018 Thana -BANMANKHI District- PURNIA ======================================================

1. Vivek Kumar, Son of Dilip Yadav @ Dilip Kumar Yadav, Resident of Village- Itahari, P.S.- Janki Nagar, District- Purnea. .... .... Petitioner/s

Versus

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 Banmankhi P.S.Case no.28 of 2018 registered for offences punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner as per FIR is that three persons came on the motorcycle and snatched Rs.03 lac from the informant and the petitioner is not named in the FIR but later on his name transpired during the course of investigation as the used motorcycle belongs to the petitioner.

Submission of the learned counsel for the petitioner is that in the written report, the number of the motor cycle has not been mentioned and later on in the re-statement, number of the motorcycle has been disclosed and the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.51059 of 2018 (2) dt.05-09-2018 2/2 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.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T