Patna High CourtCR. MISC./35091/2018dismissed

Mojib @ Mojibur Rahman @ Majabur Rahman v. The State Of Bihar

2018-07-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35091 of 2018 Arising Out of PS.Case No. -30 Year- 2018 Thana -ARARIA District- ARRARIA ======================================================

1. Mojib @ Mojibur Rahman @ Majabur Rahman, Son of Kalu Maldehiya, Resident of Village- Gurmi, P.S.- Simraha, District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-07-2018 The petitioner is apprehending his arrest in connection with Araria (R.S.) P.S. Case No. 30/18, registered for offences punishable under Section 392 of the Indian Penal Code. Allegation against the petitioner is of commission of robbery from the informant.

It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and has not been named in the F.I.R. and his name has been dragged in this case during investigation and that too only on the basis of suspicion and it is alleged that one mobile has been recovered but the EMEI of the said mobile does not match with the EMI of the looted mobile. Heard learned A.P.P. also.

Having heard both sides, considering the facts and

Patna High Court Cr.Misc. No.35091 of 2018 (2) dt.06-07-2018 2/2 circumstances of the case and also the fact that the petitioner has criminal antecedent as he is accused in one more case of similar nature, as such, I am not incline 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 below and pray for regular bail and if any such application is filed the court below shall consider the same on the merit of the case.

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