IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15840 of 2021

Arising Out of PS. Case No.-26 Year-2019 Thana- GAYA RPF/POST District- Gaya

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BANTI YADAV @ ABUBASAN S/o Abdus Subhan, Resident of Village-

Parham, P.S.- Kashim Bazar, District- Munger.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr.Vinod Kumar

For the Opposite Party/s :

Asha Devi

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CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR

PANDEY

ORAL ORDER

2

18-01-2022

Heard the learned counsel for the petitioner and the

learned Additional Public Prosecutor for the State through video

conferencing.

The learned counsel for the petitioner is directed to

remove all the defects pointed out by the office within one month.

The petitioner apprehends his arrest in connection with

Gaya R.P.F. Post Case No. 26/2019 registered for offence

punishable under section 3 RP (UP) Act.

As per allegation, a number of electronic items like Lap

Top, Printer, Monitor etc. were stolen from Anand Vihar Siyaldah

Express Train. The accused persons were seen in CCTV footage at

Gaya Railway Station and on that basis, they have been made

accused, including the present petitioner.

The learned Additional Sessions Judge-V, Gaya, vide

his order dated 14.09.2020 in A.B.P. 117/2020, has observed that

the name of the petitioner has figured on the basis of confessional

Patna High Court CR. MISC. No.15840 of 2021(2) dt.18-01-2022

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statement of co-accused. The investigation is still pending. The

offence is punishable for a term less than 7 years, as such, the

learned Additional Sessions Judge has opined that this case is

covered by Section 41 (A) of the Code of Criminal Procedure. The

learned Additional Sessions Judge has directed the petitioner to

cooperate in the investigation, as the investigation is pending. He

also directed the S.H.O. to follow the direction issued by the

Hon’ble Supreme Court in Arnes Kumar vs. State of Bihar,

reported in S.C.C. 2014 page 273. The learned Additional Sessions

Judge, after issuing the direction, has opined that in these

circumstances, there is no apprehension of arrest of the present

accused.

Considering the observation made by the learned

Additional Sessions Judge, this anticipatory bail petition is not

maintainable and accordingly, it is dismissed.

Office shall ensure that all defects are removed by the

petitioners within the stipulated time mentioned hereinabove,

failing which, the matter shall be brought to the notice of this

Court.

Mahesh/-

(Nawneet Kumar Pandey , J)

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