Patna High CourtCR. MISC./16689/2018dismissed

Arjun Sharma v. The State Of Bihar

2018-04-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16689 of 2018 Arising Out of PS.Case No. -111 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ======================================================

1. Arjun Sharma, S/o Shiv Sharma, Resident of Village- Birohima, P.S. Baruraj, Dist.- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar Pandey For the Opposite Party/s : Mr. Sri Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Baruraj Police Station Case No. 111 of 2015, disclosing offences under Sections 395 and 397 of the Indian Penal Code. Allegation against the petitioner and others is that they came in police dress and stopped the truck of the informant and assaulted the driver and khalasi and took away his truck. Learned Counsel for the petitioner has submitted that petitioner has not been named in the F.I.R and his name has surfaced in this case only on the basis of confession of coaccused and except that there is nothing against the petitioner. Learned counsel for the state opposed the prayer for

Patna High Court Cr.Misc. No.16689 of 2018 (4) dt.25-04-2018 2/2 bail.

Having heard both sides. considering the facts and circumstances of the case and the allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner, this application is accordingly dismissed.

However, the petitioner, if so desire may surrender before the Court and pray for regular bail and if any such application is filed, the court below shall consider the same and pass an appropriate order on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T