Patna High CourtCR. MISC./12831/2017rejected

Vikash Kumar v. The State Of Bihar

2017-07-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12831 of 2017 Arising Out of PS.Case No. -376 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Vikash Kumar, Son of Birendra Sah, resident of Village- Naurangabagh, Police Station- Bettiah Town, District- West Champaran. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Brij Kishor Mishra, Advocate.

For the Opposite Party : Mr. Narsingh Tanti, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-07-2017 Heard both sides.

The petitioner apprehends his arrest in Bettiah Town P.S. Case No. 376 of 2016 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. Shri Brij Kishor Mishra, learned counsel for the petitioner submits that the petitioner is not named in the FIR. Name of the petitioner figured in paragraph-15 of the case diary as the spy of the police disclosed that the petitioner and others committed theft and the theft articles are kept in the field of Ahsan Mian. The police recovered the theft articles from the field of Ahsan Mian but nothing has been recovered from the possession of the petitioner but, it appears that the name of the petitioner figured in the disclosure made by the spy of the police and the petitioner has got criminal antecedent.

Patna High Court Cr.Misc. No.12831 of 2017 (4) dt.03-07-2017 2/2 Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

The petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit without being prejudiced by this order and preferably on the same day.

(Prabhat Kumar Jha, J.) KKSINHA/- U T