Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43721 of 2014 Arising Out of PS.Case No. -350 Year- 2014 Thana -SAHARSA SADAR District- SAHARSA ====================================================== Santosh Kumar Son of Ram Baby Prasad Resident of Mohalla- Sant Nagar, Ward No.16, Police Station+ District- Saharsa. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Shailendra Kumar Singh For the Opposite Party : Mr. Harendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-05-2015 Heard the parties.

The sole petitioner apprehends his arrest in connection with Saharsa Sadar P.S. case no. 350 of 2014 instituted under Sections. 413, 414, 409/34 of the Indian Penal Code.

On the self statement of the S.I. of Police the case was registered alleging that the petitioner along with one Arbind Kumar Singh operated two factories wherefrom huge quantity of stolen property were kept staked inside the factory for use as raw material to produce aluminum cables. Vehicle was also found parked in front of the premises on which stolen government aluminum articles were found.

The contention of the petitioner is that he is the

Patna High Court Cr.Misc. No.43721 of 2014 (3) dt.18-05-2015 2/2 manager-cum-Convener of the factory and is not the licensee which runs in the name of Arbind Kumar Singh. Learned APP for the State placed the investigation report which prima facie indicates involvement of the petitioner in the offence.

Taking into account the facts and allegations contained in the FIR and the fact evidencing from the order sheet of the learned Sessions Judge, I am not satisfied that a case for anticipatory bail is made out. Prayer is refused. In case the petitioner surrenders and prays for regular bail before the learned Court below, the same shall be considered and disposed of on its own merit uninfluenced by the present order in any manner.

(Kishore Kumar Mandal, J) Shyam/- U T