Ram Sakal Ray @ Sakal Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65685 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- BHAGWANPUR District- Vaishali ====================================================== Ram Sakal Ray @ Sakal Rai Son of Deorik Ray R/o vill - Darhia, P.S. - Angarghat, Distt. - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Hussamuddin Azad, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State
2. The petitioner apprehends his arrest in Bhagwanpur P.S. Case No. 148 of 2024 registered for the offences punishable under Sections 379 & 411/34 of the Indian Penal Code.
3. The petitioner, being a driver of oil tank lorry, was committing theft of oil by breaking lock of the tanker.
4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion. It is further submitted that due to some ill-will the owner of the tanker has falsely implicated him in this false case. By filing supplementary affidavit, it is stated that parties to the case has compromised the matter out of the Court. The allegation
Patna High Court CR. MISC. No.65685 of 2024(2) dt.03-10-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the allegation the petitioner does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T