Md. Alam @ Dukhana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18081 of 2015 Arising Out of PS.Case No. -73 Year- 2012 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ====================================================== Md. Alam @ Dukhana son of Md. Shamsul Sah @ Fido Sah, resident of village- Rani Shakarpur, Police Station- Gangaur, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binay Kumar, Adv. For the Opposite Party/s : Mr. Md.Sufiyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-07-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Samastipur Rail P.S. Case No. 73 of 2012 registered for offences under Sections 328, 379, 307/34 of the Indian Penal Code.

As per the allegation made in the first information report, the informant boarded in train Ganga Sagar Express in bogie no. S-1, berth no. 33 and in the same bogie already three persons were boarded in berth nos. 34, 36 and 37 as soon as the train proceeded towards Sakri-Jainagar, the passenger of berth nos. 34 and 36 started to talk with him. On the next morning, the person boarded on berth no. 34 took two cup of tea and gave a cup

Patna High Court Cr.Misc. No.18081 of 2015 (3) dt.09-07-2015 2/2 of tea to the victim and on consumption of the same, the victim started feeling unconscious and the accused persons fled away with Rs. 7,500, driving license, ATM Card, Pan Card, Nokia Samsung mobile set of the victim.

This Court does not feel inclined to grant anticipatory bail to the petitioner. Accordingly this petition is rejected. Counsel for the petitioner submits that certain persons have already been granted regular bail by this Court in Cr. Misc. Nos. 51644 of 2014 and 316 of 2015.

However, the petitioner is directed to surrender within 4 weeks before the court below. If the petitioner surrenders within the aforesaid period, the court below will take up his case and pass the order in accordance with law.

(Shivaji Pandey, J) Mahesh/- U T