Md. Nasim @ Nasim Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9795 of 2019 Arising Out of PS. Case No.-262 Year-2018 Thana- KONCH District- Gaya ====================================================== Md. Nasim @ Nasim Ansari Son of Md. Ishaq R/o village- Nehora, P.SKonch, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr .Manish Kumar No2 For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Konch P.S. Case No.262 of 2018 registered under Section 379 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate-III, Gaya. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. as on the basis of the written report of the informant, the present case was instituted against unknown regarding the theft of his motorcycle. In course of investigation, one Sudhir Kumar was apprehended by the police, who confessed his guilt and one stolen motorcycle was recovered from his possession. Sudhir Kumar further confessed

Patna High Court CR. MISC. No.9795 of 2019(3) dt.10-05-2019 2/2 that one stolen motorcycle was sold to the petitioner and, thereafter, one stolen motorcycle was recovered from the house of the petitioner. It is further submitted that the petitioner had purchased the said motorcycle from Sudhir Kumar and he had no knowledge that the said motorcycle is theft motorcycle. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the court below and pray for regular bail, which shall be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T