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Patna High CourtCR. MISC./80075/2018dismissed

Arun Kumar Choudhary @ Arun Choudhary v. The State Of Bihar

2019-01-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80075 of 2018 Arising Out of PS. Case No.-176 Year-2013 Thana- KHODAWANDPUR District- Begusarai ====================================================== Arun Kumar Choudhary @ Arun Choudhary S/o Deep Narayan Chaudhari R/v-Maranchi Ujagar,P.S-Hasanpur,Distt.-Samastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar Yadav, Advocate For the Opposite Party/s :

Mr S. Ehteshamuddin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Khodawandpur P.S.Case No. 176 of 2013, registered for offences punishable under Section 392 of the Indian Penal Code.

Allegation as per F.I.R. is of looting the motorcycle of the informant.

Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR rather his name transpired on the basis of co-accused, Munna Kumar and the petitioner has been acquitted in one case and in another case, he is on bail.

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

Having heard both sides and in view of the facts

Patna High Court Cr.Misc. No.80075 of 2018(3) dt.31-01-2019 2/2 and circumstances as discussed above, the case of the petitioner is concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrender before the court below within a period of four weeks from the date of order and make 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.

This application is accordingly dismissed.

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