Kameshwar Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67983 of 2019 Arising Out of PS. Case No.-38 Year-2017 Thana- EKANGARSARAI District- Nalanda ====================================================== KAMESHWAR ROY Son of Jagdeo Roy Resident of Village- Kutubpur, P.S.- Bidupur, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prem Ranjan Kumar For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-10-2019 This application, for grant of anticipatory bail, arises out of Ekangar Sarai P.S. Case No. 38 of 2017, disclosing offences under Section 395 of the Indian Penal Code. Allegation as per F.I.R. is that some miscreants looted away the truck and the articles kept in the truck after abducting the driver.
Submission of learned counsel for the petitioner is that he is not named in the F.I.R, his name has been dragged in this case during course of investigation. Further submission is that nothing has been recovered from possession of the petitioner and he has no criminal antecedent. Learned counsel for the State opposed the prayer for bail and submitted that in such type of cases, unless the petitioner appears and put on T.I.P., no useful purpose will be
Patna High Court CR. MISC. No.67983 of 2019(2) dt.25-10-2019 2/2 served and investigation is still going on.
Having heard both sides, considering the facts and circumstances , I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner has to surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order.
This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T