Ashok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85379 of 2019 Arising Out of PS. Case No.-18 Year-2019 Thana- PALIGANJ District- Patna ====================================================== ASHOK KUMAR Son of Late Akhileshwar Sinha @ Akhilesh Sharma Resident of Village - Sohrapur, P.S.- Chiksora, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 07-01-2020 Heard learned counsel for the petitioner and the learned APP for State.

Petitioner apprehend his arrest in connection with Paliganj P.S. Case No. 18 of 2019 instituted for the offence under Section(s) 379 and 411 of the Indian Penal Code. It is submitted that the Dalla in-question, which was alleged to have been stolen by an unknown persons, has been returned to the informant. It is, therefore, submitted that the petitioner should be allowed the privilege of anticipatory bail. The learned APP for the State opposed the prayer for anticipatory bail.

It is apparent from the allegations and the records that the trailer of the informant in respect of which the FIR has been lodged was recovered from the tractor of the petitioner. Merely

Patna High Court CR. MISC. No.85379 of 2019(2) dt.07-01-2020 2/2 because the same has subsequently been released in favour of the informant would not justify grant of anticipatory bail to the instant petitioner.

The prayer for pre- arrest bail is, accordingly, rejected. (Madhuresh Prasad, J) shyambihari/- U T