Nagina Mukhiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13707 of 2015 Arising Out of PS.Case No. -12 Year- 2014 Thana -BEGUSARAI GRP CASE DistrictBEGUSARAI ====================================================== Nagina Mukhiya S/O Amir Mukhiya, Resident of village- Pathakaulia, P.S.- Gopalpur, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Dr. M.K.Gautam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-05-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Sections 328/379 of the Indian Penal Code.

The informant alleged that while he was travelling in Mithila Express, his co-passenger offered him a cup of tea and thereafter he became unconscious and he found himself in hospital and all his belongings were stolen. It is submitted that the petitioner is not named in the F.I.R., but one stolen mobile, bearing IMEI No.

357892059848944 having SIM No.

8507074523, was recovered from the possession of Kamlesh Mukhiya. Kamlesh Mukhiya disclosed that the said mobile was given to him by his brother-in-law Nagina Mukhiya (the petitioner). It is submitted that the aforesaid mobile is not a stolen one as the informant did not state the fact that his mobile was also

Patna High Court Cr.Misc. No.13707 of 2015 (2) dt.07-05-2015 2/2 stolen although he described the articles stolen from his purse. Be that as it may, it appears that the stolen mobile was recovered from Kamlesh Mukhiya, who disclosed that the petitioner gave him the said mobile.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Rail (Barauni) P.S. Case No. 12 of 2014. Accordingly, the same is rejected. The petitioner is directed to surrender in the court below within four weeks from today and make prayer for regular bail. The court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order. (Prabhat Kumar Jha, J) Dilip/- U T