Ashique v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.19496 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -JOKIHAT District- ARRARIA ====================================================== Ashique, son of Sharif, Resident of Village- Matiyari, P.S.- Jokihat, DistAraria. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Sri Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 457 and 380 of the Indian Penal Code.
As per F.I.R. allegation against the petitioner is that he had committed theft in the shop of the informant. Heard learned counsel for the petitioner.
It has been submitted on behalf of the petitioner that he has falsely been implicated by the informant as there was dispute between them with regard to putting a Neon light to the shop of the petitioner. It is further submitted that nothing has been recovered either from the possession of the petitioner or from his house.
Heard learned A.P.P. also. He has opposed the
Patna High Court Cr.Misc. No.19496 of 2017 (2) dt.11-05-2017 2/2 prayer for bail stating that petitioner has been named in the F.I.R. and he has been identified by the informant himself. Having heard both sides and in view of the allegation made and also the fact that petitioner has been identified by the informant himself and he is also accused in another case, I am not inclined to grant anticipatory bail to the petitioner. However, petitioner is directed to surrender in the court below, i.e., learned SDJM, Araria, in connection with Jokihat P. S. Case no. 136 of 2016 and make prayer for regular bail which will be considered and disposed of, if possible on the same day, on its own merit without being prejudiced by the order of this Court.
(Vinod Kumar Sinha, J) sudip/- U T