Kanchan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19392 of 2021 Arising Out of PS. Case No.-63 Year-2020 Thana- RAGHOPUR District- Vaishali ====================================================== KANCHAN RAY Son of Ishwar Ray @ Ramishwar Ray Resident of VillageJafrabad Dih P.S.-Rustampur O.P., District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar Sinha For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-05-2022 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Raghopur (Rustampur O.P.) P.S. Case No. 63 of 2020 instituted for the offences under Sections 414 and 34 of the Indian Penal Code.

From near the house of the petitioner, four stolen motorcycles are said to have been recovered.

The learned counsel for the petitioner has submitted that the place from where the recovery has been made does not

Patna High Court CR. MISC. No.19392 of 2021(3) dt.13-05-2022 2/3 belong to him and he has no concern whatsoever with such stolen motorcycles. It has further been submitted that the accusation against the petitioner is based on suspicion only without there being any connecting material to support the same.

However, on perusal of record, it appears that several motorcycles were recovered from near the houses of many of the accused persons. All these motorcycles appear to the investigator to be stolen motorcycles.

Considering such large number of motorcycles having been recovered from near the houses of accused persons, I am not inclined to grant anticipatory bail to the petitioner. The petitioner, though had stated in the paragraph -3 of the bail petition that he has no criminal antecedent but later he has filed supplementary affidavit bringing on record the fact that earlier he was made accused in a case of Excises Act, in which he has been granted bail.

Nonetheless as noted above, considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner.

The prayer for anticipatory bail is rejected. However, if the petitioner surrenders before the court

Patna High Court CR. MISC. No.19392 of 2021(3) dt.13-05-2022 3/3 below and seeks bail, all such grounds in his favour shall be looked into without being prejudiced by the fact that the present petition on his behalf has not been entertained. (Ashutosh Kumar, J) sunilkumar/- U T