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Patna High CourtCR. MISC./25970/2017rejected

Ankush Kumar v. The State Of Bihar

2017-07-07Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25970 of 2017 Arising Out of PS.Case No. -250 Year- 2015 Thana -TEGHRA District- BEGUSARAI ======================================================

1. Ankush Kumar son of Ajay Singh resident of Village - Chainpur, P.S. - Karja, District - Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mrs. Bela Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-07-2017 Heard both sides.

The petitioner apprehends his arrest in Teghra P.S. case No. 250 of 2015 under Section 392/395 of the Indian Penal Code.

The informant alleged that four persons came on a white Bolero vehicle and overtook his tractor bearing registration No. BR09R/0999 and fled away with the tractor of the informant. They also took away money and Samsung mobile bearing No. 8676889071. The informant claimed to identify the accused persons.

The learned counsel for the petitioner submits that petitioner is not named in the FIR. The name of petitioner figured in the case in the statement of Subodh Kumar, who is in custody in

Patna High Court Cr.Misc. No.25970 of 2017 (2) dt.07-07-2017 2/2 Muffasil P.S. case No. 324 of 2015, but it appears that informant himself claimed to identify the accused. The case is under Section 392/395 of the IPC and it requires interrogation and identification. Considering 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