High Court rejected the petitioner's anticipatory bail application in a case involving robbery and illegal possession of arms, deeming him implicated due to vehicle recovery at the spot. Regular bail sought upon surrender.
Anticipatory bail rejected; prayer for regular bail upon surrender transferred for merits.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30213 of 2017
Arising Out of PS.Case No. -10 Year- 2017 Thana -MUZAFFARPUR SADAR District-
MUZAFFARPUR
====================================================== Deep Prakash @ Golu S/o Sri Dinesh Sah Resident of Village Sherpur, P.S. Sadar, District Muzaffarpur. .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
2 06-07-2017 Heard learned counsel for the petitioner and the learned APP appearing on behalf of the State.
Petitioner apprehends his arrest in connection with Sadar P.S. Case No.10 of 2017 registered under Sections 399, 402, 414 of the Indian Penal Code and Sections 25(1-B)A/26/35 of the Arms Act.
Allegation is that on receiving secret information that some criminals had assembled in an abandoned house, police reached at the spot and apprehended one person Saurabh @ Kartikesh Pathak but the rest escaped away. One country made pistol with two live cartridges were recovered from possession of Saurabh. The police also recovered two motorcycles one belonging to the petitioner.
Learned counsel for the petitioner submits that all the
Patna High Court Cr.Misc. No.30213 of 2017 (2) dt.06-07-2017
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accused persons are of the same village and in fact the petitioner was not involved in the said offence rather he had given his motorcycle on the request of Saurabh @ Kartikesh Pathak and this petitioner has no criminal antecedent.
However, it appears that despite disclosure of the name of the petitioner by co-accused about his presence, his motorcycle was also recovered from the spot; so prayer for anticipatory bail on behalf of the petitioner is rejected in connection with Sadar P.S. Case No.10 of 2017, pending in the court of the learned Chief Judicial Magistrate, Muzaffarpur.
However, if the petitioner surrenders and seeks regular bail, the same shall be considered on merit without being prejudiced by this order.
(Arun Kumar, J.)
S.Kumar/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner acquainted with co-accused and possession of his motorcycle at the crime scene.
2 provisions across 2 enactments
Deep Prakash @ Golu
State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
