Parmatma Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.10999 of 2015 (3) dt.21-05-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10999 of 2015 Arising Out of PS.Case No. -91 Year- 2014 Thana -DIGHWARA District- SARAN ====================================================== PARMATMA RAI, S/O - SRI MAHESHWAR RAI, RESIDENT OF VILLAGE - BALWAN TOLA, P.S. - DORIGANJ, DISTRICT - SARAN AT CHAPRA.

.... .... PETITIONER/S

VERSUS

THE STATE OF BIHAR.

.... .... OPPOSITE PARTY/S ====================================================== Appearance :

For the Petitioner/s : Mr. Prabhakar Singh For the Opposite Party/s : Mr. Sanjay Kr. Tiwary(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-05-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Dighwara P.S. Case No. 91 of 2014 registered under Section 414 of the Indian Penal Code pending in the court of Chief Judicial Magistrate, Chapra.

The accusation of informant, Binay Kumar, Officerin-Charge, Dighwara P.S. is that on 13.06.2014, he received secrete information that two criminals are going to sell motorcycle then informant proceeded with armed forces and reached near Aami Tailway Crossing and saw two persons on the two motorcycles moving. The informant stopped them amongst whom one person was apprehended with motorcycle who disclosed his

Patna High Court Cr.Misc. No.10999 of 2015 (3) dt.21-05-2015 name as Ram Jeevan Rai (co-accused) and also disclosed the name this petitioner, who succeeded to flew away leaving the other motorcycle. On demand, apprehended person did not produce the paper of the motorcycle.

Learned counsel for the petitioner submits that petitioner has not been arrested at the spot and his name has been disclosed by co-accused, Ram Jeevan Rai. It is further submitted that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T