Devnath @ Devnath Chauhan @ Devanath @ Devanath Chauhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43168 of 2018 ======================================================

1. Devnath @ Devnath Chauhan @ Devanath @ Devanath Chauhan, S/o Awadesh @ Awadhesh Chauhan, Resident of Village- Navdiha, P.S.- Naubatpur, Distt- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-07-2018 Heard the learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner apprehends his arrest in Rail Police Station Danapur P.S. Case No. 128 of 2017 registered under Sections 379/34 of the Indian Penal Code.

As per the allegation, one Ranjana, who was traveling from Nagpur to Danapur, while train started from Ara Railway station , she started to arrange her two suitcase and three bags near the gate. In the meantime, 6 to 7 person, they also started bringing the bag of the informant near the gate when she asked about the carrying the bag she replies for helping the lady. She was stopped 5 kilo meters before the Bhagalpur Railway Station and all the person stepped down from the train when the bag was opened in

Patna High Court Cr.Misc. No.43168 of 2018 (2) dt.19-07-2018 2/2 the house, it was found that the valuable material was taken away. During the investigation, the name of the petitioner has surfaced on confession.

The learned counsel for the petitioner submits that the petitioner has no criminal history as mentioned in paragraph 5 of the bail petition.

Considering the facts aforesaid and the nature of allegation made against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Hence the prayer for bail is rejected. However, if the petitioner surrender before the Court below and prays for regular bail, the Court below will pass appropriate order on his bail application without being prejudice of the order passed by this Court.

(Shivaji Pandey, J) Sanjeev/- U T