← Library
Patna High CourtCR. MISC./56552/2015rejected

Amit Kumar Mandal v. The State Of Bihar

2016-02-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56552 of 2015 Arising Out of PS.Case No. -234 Year- 2015 Thana -GANDHIMAIDAN District- PATNA ======================================================

1. Amit Kumar Mandal son of Bhagwan Mandal, resident of villageHarshwara, P.S.- Khajauli, P.O.- Kanhauli, District- Madhubani .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. Binod Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Gandhi Maidan P.S. Case no.234 of 2015 instituted for the offences under Sections 379 and 411 of the Indian Penal Code.

As per FIR the informant has parked his Hero Honda Splendor Plus Motorcycle bearing registration no. BRO 1AQ6562 near Bhattacharya Road but later on the motorcycle was stolen away. The police arrested the petitioner and on his confessional statement the said motorcycle has been recovered.

Learned counsel for the petitioner submits that motorcycle was not recovered from the house of the petitioner

Patna High Court Cr.Misc. No.56552 of 2015 (3) dt.05-02-2016 but the fact remains that on the confessional statement of the accused the motorcycle has been recovered.

Looking to the nature of allegation, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected at this stage. However, the petitioner will be at liberty to renew his prayer for bail after completion of one year in jail custody.

(Shivaji Pandey, J) Vinay/- U T