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Patna High CourtCR. MISC./24060/2018dismissed

Md. Safatul @ Zebla Safatulla @ Sukkha v. The State Of Bihar

2018-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24060 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Md. Safatul @ Zebla Safatulla @ Sukkha, Son of Md. Kasimuddin, Resident of Village Furhara (Koimari), P.S. Pothia, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Thakurganj P.S.Case No. 28 of 2017, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation against the petitioner is that the petitioner is not named in the F.I.R. but later on it transpired during the course of inspection that the petitioner along with other unknown persons has stolen the wires, causing loss of huge amount of company of the informant.

Submission of the learned counsel for the petitioner is that the petitioner has been implicated on the basis of suspicion and nothing has been recovered from the possession of the petitioner. It is also submitted that there is no direct evidence of

Patna High Court Cr.Misc. No.24060 of 2018 (3) dt.09-05-2018 2/2 theft against the petitioner.

Learned A.P.P. opposes the prayer for bail.

In view of the facts and circumstances discussed above, let the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court. With the aforesaid observation, this application is dismissed. (Vinod Kumar Sinha, J) Sudha/- U T