Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8937 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -PAUTHU District- AURANGABAD ====================================================== Amit Kumar Son of Arbind Sharma Resident of Village - Beri, P.S. Pauthu, District - Aurangabad.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code.

Allegation against the petitioner is that one stolen Bajaj Pulsar motorcycle bearing registration no. JH 01 BK 0436 is said to have been recovered from his house. Earlier the application for bail was withdrawn on behalf of the petitioner, hence the same was dismissed as withdrawn. No order was passed on merit of the case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.10.2016. Charges have already been framed in the present case. The alleged stolen

Patna High Court Cr.Misc. No.8937 of 2017 (3) dt.15-03-2017 2/2 motorcycle is said to have been recovered from the joint house of the petitioner. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R. and stolen motorcycle has been recovered from his possession.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected in Pauthu P.S. Case No. 75 of 2014, pending in the court of learned C.J.M., Aurangabad.

(Sudhir Singh, J.) Amit/- U T