Patna High CourtCR. MISC./7679/2017rejected

Sonu Kumar @ Sahil Kumar v. The State Of Bihar

2017-03-23Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7679 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sonu Kumar @ Sahil Kumar, son of Jay Prakash Mandal, resident of Rerri Gali, Naya Gawn, P.S. Jamalpur, District- Munger .... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Mritunjay Narain, Advocate For the Opposite Party : Mr. Parmeshwar Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kotwali (Adampur) P.S. Case No. 86 of 2016, registered for the offence punishable under Section 379 of the Indian Penal Code.

Allegedly, the petitioner and his friend took away all the household articles and key of garage and vehicle. Submission is of false implication and that the petitioner is the tenant in the house of the informant, he has got no concern with the vehicle in question, he has been falsely implicated in this case, during investigation nothing has come against the petitioner. The occurrence is of in the night of 04.02.2016 and 05.02.2016 but F.I.R. has been lodged on

Patna High Court Cr.Misc. No.7679 of 2017 (4) dt.23-03-2017 2/2 22.02.2016 and, as such, the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that the petitioner is named in the F.I.R. In the facts and circumstances as stated above, considering that the petitioner is named in the F.I.R. having allegation and, as such, I am not inclined to grant privilege of prearrest to him and accordingly his such prayer stands rejected in connection with Kotwali (Adampur) P.S. Case No. 86 of 2016, pending in the Court of learned Chief Judicial Magistrate, Bhagalpur.

(Jitendra Mohan Sharma, J.) Rajiv/- U T