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Patna High CourtCR. MISC./64826/2019dismissed

Churkun Kumar @ Chirkun Kumar v. The State Of Bihar

2019-10-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64826 of 2019 Arising Out of PS. Case No.-44 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== Churkun Kumar @ Chirkun Kumar, Son of Pramod Mahto @ Pramod Prasad, Resident of Village - Nemchak, P.S.- Kashichak, Distt.- Nawada, Present at Miya Pokhar, Mahadeo Sthan, New Colony, P.S.- and Distt.- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dharmendra Kumar Raju, Advocate For the Opposite Party/s :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-10-2019 This is an application for grant of anticipatory bail in connection with Lakhisarai (Ramgarh Chowk) P. S. Case No. 44 of 2019, disclosing offence under Section 392 of IPC. As per F.I.R. while the informant was returning carrying wheat, some miscreants intercepted him, snatched his mobile phone on the point of pistol and they have taken away the wheat. Petitioner is not named in the F.I.R. later on, his name transpires on the confessional statement of the co-accused. Submission of the learned counsel for the petitioner is that except confessional statement of the co-accused, there is nothing against the petitioner.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail. The case is under Section 392 of IPC. The custodial interrogation of the petitioner is required for TIP and

Patna High Court CR. MISC. No.64826 of 2019(2) dt.17-10-2019 2/2 also for the purpose of TIP.

Having heard both sides, in view of the facts, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, the same shall be considered on his own merit. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T