The High Court of Patna rejected an application for anticipatory bail filed by the petitioner in a case involving theft under Section 379 IPC. The order directs the petitioner to surrender within four weeks to seek regular bail.
Anticipatory bail application rejected; petitioner directed to surrender within four weeks and seek regular bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40911 of 2016
Arising Out of PS.Case No. -79 Year- 2016 Thana -BIHIYA District- BHOJPUR ====================================================== 1. Nand Kumar Yadav son of Sri Dashrath Yadav resident of Village - Kalyanpur, P.S. - Bihiya, District - Bhojpur. .... .... Petitioner/s Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Uday Chand Prasad
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER
2 23-09-2016 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Bihiya Police Station Case No. 79 of 2016, disclosing offences under Section 379 of the Indian Penal Code.
From the materials on record, it appears that on the basis of confessional statement of co-accused, Jitendra Yadav, before the Police, name of the present petitioner surfaced. On the basis of said confessional statement, stolen motorcycle was recovered. It also appears that regular bail filed by the said Jitendra Yadav has been rejected by this Court vide order, dated 05.08.2016, passed in Criminal Misc. No. 30437 of 2016.
Patna High Court Cr.Misc. No.40911 of 2016 (2) dt.23-09-2016
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Considering the above, I am not inclined to grant the petitioner privilege of anticipatory bail.
This application for anticipatory bail, is hereby,
rejected.
The petitioner, Nand Kumar Yadav, is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned Court below on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail.
(Chakradhari Sharan Singh, J.)
Prabhakar Anand/-c
U √ T √
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case under Section 379 IPC.
Whether the petitioner should be directed to surrender and seek regular bail.
Nand Kumar Yadav
The State of Bihar
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
