Sanjay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7704 of 2024 Arising Out of PS. Case No.-287 Year-2023 Thana- MAJORGANJ District- Sitamarhi ====================================================== Sanjay Patel Son Of Bhikhari Patel Resident Of Village-Bara Police Station Velwa, District-Saralahi (Nepal) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Kumar Mishra, Adv.

For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Mejorganj P.S Case No. 287 of 2023 from the Court of learned Chief Judicial Magistrate Sitamarhi / concern court registered for the offences punishable under Sections 413 and 414 of the I.P.C.

3. As per allegation in the FIR, on patrolling duty in the night police officials saw that the petitioner coming from motorcycle tried to flee after seeing the police officials but petitioner was scout by the police officials. No document was produced by him and

Patna High Court CR. MISC. No.7704 of 2024(4) dt.20-02-2024 2/3 further petitioner disclosed that motorcycle is stolen by him and he is involved in theft and selling of the stolen motorcycles.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Learned counsel for the petitioner submits that nothing has been recovered from the conscious possession of the petitioner. It is also submitted that petitioner is in judicial custody since 26.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner. He further submits that the stolen motorcycle is recovered from the conscious possession of the petitioner.

6. In view of the allegation, witnesses have been examined, and they are directly incriminating the petitioner in this case. The stolen bike has been recovered from the petitioner. The offences have been corroborated according to the seizure list. This Court is not inclined to grant bail to the petitioner. Hence the prayer for bail is rejected.

Patna High Court CR. MISC. No.7704 of 2024(4) dt.20-02-2024 3/3 However, trial court is directed to conclude the trial within six months from the receipt of this order if trial is not concluded with support of the petitioner then learned trial court shall grant bail to the petitioner. (Ramesh Chand Malviya, J) Mayank/- U T