Jharkhand High Court
Bhola Nath Mahto Alias Bhola vs The State Of Jharkhand on 9 May, 2013
Author: Prashant Kumar
Bench: Prashant Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A. B.A. No. 1457 of 2013
Bhola Nath Mahto @ Bhola .........Petitioner
Vs.
The State of Jharkhand ........Opposite party
CORAM: HON'BLE MR. JUSTICE PRASHANT KUMAR
For the Petitioner: Mr. Nikhilesh Kumar Chatterjee
For the State: Ms. Anita Sinha, APP
2/09.05.2013: Anticipatory bail application filed by petitioner Bhola Nath Mahto @ Bhola in connection with Lower Bazar P.S. Case No. 349 of 2012 ( G.R. No. 6049 of 2012) pending in the court of learned J.M., Ranchi is moved by Sri Nikhilesh Kumar Chatterjee and opposed by Ms. Anita Sinha, learned Additional P.P. It is alleged that informant boarded on petitioner's Auto Rickshaw along with one lenavo laptop, canon digital camera, pen drive , head phone, one Reliance 3G and Tata Photon etc. She got down near the house of Dr. Paul in Jail Road and while she was bringing out money for payment of fare of the auto, petitioner fled away along with aforesaid articles. It is submitted by learned counsel for the petitioner that no offence under section 406 of the IPC is made out. In my view, since the said articles were kept in the auto of petitioner, same amounts to entrustment of aforesaid articles. Thus, if the petitioner took away the said articles without consent, the offence under section 406 of the Indian Penal Code is made out. Moreover, in my view, offence under section 379 of the IPC is also made out against the petitioner.
Under the said circumstance, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his anticipatory bail application rejected.
( Prashant Kumar,J.) Sharda/-