Patna High CourtCR. MISC./78083/2018dismissed

Naresh Kumar And ANR v. The State Of Bihar

2019-01-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78083 of 2018 Arising Out of PS. Case No.-65 Year-2018 Thana- RAJEPUR District- East Champaran ======================================================

1. Naresh Kumar, S/o Ram Ekbal Prasad,

2. Sujeet Kumar S/o Acchelal Prasad, Both are R/o Vill.- Rajepur, P.S.- Rajepur, Dist.- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh For the Opposite Party/s :

Mr.Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 The petitioners apprehend their arrest in connection with Rajepur P.S.Case No. 65 of 2018 registered under Sections 120B, 401,411 and 414/34 of the Indian penal Code. Allegation against petitioner no. 1 is of recovery of one stolen motor from his house and against petitioner no. 2 is of recovery of one stolen motorcycle from his house. Submission of learned counsel for the petitioners is that recovered motor and motorcycle are of petitioners and no case has been lodged with respect to seized motorcycle and motor and one of the co-accused has been granted anticipatory bail by co-ordinate Bench of this Court vide order dated 20.09.2018 passed in Cr. Misc. No. 56588 of 2018.

Heard learned APP also who has opposed the prayer of

Patna High Court Cr.Misc. No.78083 of 2018(2) dt.04-01-2019 2/2 anticipatory bail stating that there is recovery from the petitioners.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners. If petitioners surrender and pray for regular bail, the same shall be considered by the learned court below on the basis of material available on record, and if possible, on same day, without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T