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Patna High CourtCR. MISC./565/2019dismissed

Md. Babloo @ Mohammad Ibran @ Abdul Ibran v. The State Of Bihar

2019-01-31Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.565 of 2019 Arising Out of PS. Case No.-339 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Md. Babloo @ Mohammad Ibran @ Abdul Ibran aged about 30 years, Gender- Male, Son of Late Abdul Kaum, Resident of Mohalla- Maripur, Seikh Toli, P.S.- Kazi Mohammadpur, District- Muzaffarpur ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Indrajeet Bhushan, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 31-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 414 and 401 of the Indian Penal Code registered in connection with K.M.P. (Kazi Mohammadpur) P.S. Case No. 339 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact, recovery of the motor-cycle in question has not been made from the house of the petitioner but in front of the road. The petitioner has been implicated merely on the extra-judicial confession of co-accused Tinku Kumar @ Sumit Sahnal from whom recovery of one motor-cycle has been made. None has come forward to claim the ownership of the motor-cycle recovered near the petitioner's house as stolen property.

4. Having regard to the nature of accusations and gravity of offence alleged, as well as criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to him. The anticipatory bail petition stands dismissed.

Patna High Court Cr.Misc. No.565 of 2019(2) dt.31-01-2019 2/2

5. If the petitioner surrenders and seeks regular bail before the learned trial Court the same shall be considered on its own merit in accordance with law expeditiously and without being prejudiced by any observation in the present order.

BT/- (Vikash Jain, J) U T