In an order granting no privilege, the Bench directed the petitioner to surrender for regular bail instead of granting anticipatory bail in a snatching case where criminal antecedents were found.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.79103 of 2018
Arising Out of PS. Case No.-79 Year-2017 Thana- FULKAHA District- Araria
======================================================
Pritam Biraji @ Pritam Kuamr @ Pritam Birajee Son of shivan Biraji, Resident of Village - Achra , P.S. - Fulkaha, Distt. - Araria, Bihar.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr.Smt. Veena Kumari Jaiswal ======================================================
CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER
3 22-01-2019 Heard the parties.
The petitioner is apprehending his arrest in connection with Fulkaha P.S.Case No.79 of 2017 dated 21.7.2017 registered for offences punishable under Section 392 of the Indian Penal Code.
Allegation against the petitioner and other accused persons is of snatching Rs.55,653/- from the informant and also causing injury to him. The petitioner is not named in the FIR and later on his name transpired during the course of investigation of the case.
Submission of the learned counsel for the petitioner is that except suspicion there is nothing against the petitioner and the motorcycle also does not belong to him.
Heard learned A.P.P. who has opposed the prayer for bail
Patna High Court Cr.Misc. No.79103 of 2018(3) dt.22-01-2019 2/2
stating that the materials collected during the course of investigation discloses that the petitioner was going towards that direction and again coming from that direction and furthermore the petitioner has criminal antecedent and he is accused in two other cases.
Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner rather to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on iwn own merit without being prejudiced by the order of this Court.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J)2019
chn/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a snatching case with criminal antecedents.
Pritam Biraji
The State Of Bihar
Vinod Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
