Md. Kunain @ Md. Kaunain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27656 of 2018 Arising Out of PS.Case No. -159 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. MD. KUNAIN @ MD. KAUNAIN S/o Late Md. Islam, R/o Vill.- Jehana, P.S.- Anti, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sudhir Kumar Sinha For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bodh Gaya P.S.Case no.159 of 2017 registered for offences punishable under Section 379 of the Indian Penal Code. Petitioner is not named in the FIR and the case is of motorcycle theft and he has been implicated on the basis of confession of another co-accused.

Submission of the learned counsel for the petitioner is that except confession, there is nothing against the petitioner, no recovery and though he is accused in more case and there is land dispute under Section 380 Cr.P.C. & other Sections of the IPC. The case is of the year, 2014.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.27656 of 2018 (2) dt.11-05-2018 2/2 Having heard both sides and in view of nature of allegation, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court, if possible on the same day. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T