Patna High CourtCR. MISC./79167/2018rejected

Parwez v. The State Of Bihar

2019-01-25Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79167 of 2018 Arising Out of PS. Case No.-96 Year-2018 Thana- ABADPUR District- Katihar ====================================================== Parwez S/O Rajiuddin @ Machara Residents of Village- Bhawanipur, P.S.- Abadpur, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sharda Nand Mishra For the Opposite Party/s :

Mr.Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 25-01-2019 Heard both sides.

The petitioner apprehends his arrest in Abadpur P.S. case No. 96 of 2018 registered under Section 379/411 of the Indian Penal Code.

The informant alleged that while he was returning after dropping Babul Garage Baka in his house four persons on two bikes came and snatched mobile from his possession. On alarm the villagers caught two persons, Samimullah and Md. Rakesh Alam who disclosed the name of Mister and Parwej, the petitioner, as the persons who managed to flee away. The learned counsel for the petitioner submits that one mobile was snatched which was recovered from the possession of Md. Rakesh Alam. There is no allegation against the petitioner. Md. Rakesh Alam disclosed the name of

Patna High Court Cr.Misc. No.79167 of 2018(2) dt.25-01-2019 2/2 petitioner but it appears that while Md. Rakesh Alam and others fleeing away, he and Shamimullah were apprehended by the villagers and from the possession of Md. Rakesh Alam snatched mobile was recovered. Md. Rakesh Alam on the spot disclosed the name of petitioner.

Considering the facts aforesaid and nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court. (Prabhat Kumar Jha, J) BKS/- U T