Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14119 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- SHAHKUND District- Bhagalpur ====================================================== AZAD KUMAR Son of Ambika Paswan Resident of village - Baisa, P.S. - Parbatta (Maraiya), District - Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 23-02-2022 Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State 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 Shahkund (Sajour) P.S. Case No. 156 of 2020 registered for offence punishable under section 392 of the Indian Penal Code.

As per recital made in the fard-beyan, when the informant was coming from his sasural and reached near Chada More, three unknown persons intercepted his bike, pointed pistol to his temporal region and took away his motor cycle, Nokia mobile etc. The features and complexion of the accused persons have been mentioned in the F.I.R.

Patna High Court CR. MISC. No.14119 of 2021(3) dt.23-02-2022 2/2 The learned counsel for the petitioner has submitted that as per materials emerged during the course of investigation, the stolen motor cycle of the informant was recovered from the house of the present petitioner, but the seizure list does not contain the signature of his family members.

From perusal of the case diary it appears that during the course of investigation, a Hero Honda motor cycle was recovered from the house of the present petitioner in the presence of two independent witnesses, namely, Vijay Paswan and Bhukhal Paswan. There is nothing in the case diary, which shows that the alleged seizure list is fake or concocted. As such, in my view, the petitioner does not deserve the benefit of anticipatory bail. Accordingly, his prayer for anticipatory bail is rejected.

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.

(Nawneet Kumar Pandey , J) Mahesh/- U T