Chhotu Chaurasiya @ Chhotu Chourasia v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21747 of 2015 Arising Out of PS.Case No. -97 Year- 2014 Thana -ROSERA District- SAMASTIPUR ======================================================

1. Chhotu Chaurasiya @ Chhotu Chourasia Son of Sri Uma Shankar Chaurasiya resident of village - Laxmipur, P.S. Rosera, District - Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No 13 For the Opposite Party/s : Mr. Satyendra Narayan Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-07-2015 Heard both sides.

The petitioner apprehends his arrest in connection with Rosera P.S. case no. 97 of 2014 registered under Sections 379 of the IPC.

The informant parked his motorcycle and went inside the bank. He came out only to find his motorcycle missing. In course of investigation, it appears that the petitioner was seen moving around in suspicious condition near the motorcycle. Another co- accused was arrested who in his confessional statement named the petitioner. Learned Sessions Judge considered the submission of the petitioner and observed as under:- "Considering the above submissions and

Patna High Court Cr.Misc. No.21747 of 2015 (2) dt.08-07-2015 2/2 materials available on the record the prayer of anticipatory bail of the petitioner Chhotu Choursia is disposed of with a direction to the petitioner surrender before the court below and seek regular bail and while disposing the bail application the learned court below shall consider this fact that Naresh Raut on whose confessional statement the name of the petitioner figured has already been granted bail by the Hon'ble High Court Patna in Cr. Misc. No.

22068/2014 without being prejudice by this order."

In the aforesaid circumstances, I am not persuaded to release the petitioner on anticipatory bail. Prayer is rejected. Petitioner may surrender and seek regular bail before the learned Court below. In that event the Court below shall consider and dispose of the same on its own merit and pass appropriate orders uninfluenced by the present order. (Kishore Kumar Mandal, J) Shyam/- U T