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Patna High CourtCR. MISC./27127/2015dismissed

Khursid Alam @ Khursid Ali v. The State Of Bihar

2015-07-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27127 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -RAUTA District- PURNIA ======================================================

1. Khursid Alam @ Khursid Ali Son of late Sayad Ali R/o Patnour , P.S. - Karandighi, District - Uttar Pradesh.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. H.A. Khan (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 379 and 411 of the Indian Penal Code. The informant, Junior Engineer, Bihar State Electricity Board, Electric Supply Division Baisa, Purnea, has alleged that on 26.12.2015 in the night the electrification from village Jagdal to Kawaiya having three phase line at the length of 3.5 km having 13 poels and among them the electric wire of one kilometer has been theft by some unknown thieves giving loss to the department to the tune of Rs. 1,05,000/-.

It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. Further it has been submitted that the name of the petitioner has come in course of

Patna High Court Cr.Misc. No.27127 of 2015 (2) dt.22-07-2015 2/2 investigation on the basis of confessional statement of co-accused. Further, no recovery of any incriminating article has been made from the possession of the petitioner.

On behalf of the State, it has been submitted that the name of the petitioner has come in course of investigation. It is further submitted that the petitioner has got criminal antecedent of similar nature.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioner, who is an accused in Routa P.S.case No. 01 of 2015, pending in the Court of learned C.J.M., Purnea and the same is rejected.

However, if the petitioner surrenders in the court below and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order of rejection, if possible same may be disposed of on the same day. (Sudhir Singh, J) singh/- U T