Raj Kumar Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45661 of 2016 Arising Out of PS.Case No. -89 Year- 2015 Thana -ANDHRAMATH District- MADHUBANI ======================================================

1. Raj Kumar Mandal Son of Ram Lakhan Mandal resident of VillageDakahi, P.S.- Andhramath, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gagan Deo Yadav For the Opposite Party/s : Mr. Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-11-2016 Heard both sides.

The petitioner apprehends his arrest in Andhra Math P.S. case No. 89 of 2015 under Section 399, 400, 414 of the Indian Penal Code and under Section 25(1-b) A/ 26/35 of the Arms Act. The police got information that some criminals had assembled. On such a raid was conducted and five persons were apprehended. From the possession of Mukesh Yadav arms and ammunition was recovered. Mukesh Yadav disclosed that he kept the stolen potatoes in the house of petitioner. On such, house of the petitioner was raided and 50 bags filled with potatoes were recovered.

The learned counsel for the petitioner submits that for theft of potatoes no case was registered. The petitioner was not

Patna High Court Cr.Misc. No.45661 of 2016 (2) dt.24-11-2016 2/2 apprehended on the spot. Nothing has been recovered from the possession of the petitioner but it appears from the seizure list itself that huge quantities of potatoes were recovered from the possession of the petitioner.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T