Pankaj Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.32877 of 2017 (3) dt.02-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32877 of 2017 Arising Out of PS.Case No. -86 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================

1. Pankaj Rai, Son of Shiv Chandra Rai, Resident of Village- Chandpur Dhamoun, P.S. Patory, District- Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar Singh For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-08-2017 The petitioner seeks regular bail in connection with Patory P.S. Case No. 86 of 2017, registered for offences punishable under Section 411 of Indian Penal Code.

Allegation against the petitioner is of committing theft of motorcycle and other articles from the house of the informant. It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name transpired during the course of investigation on confessional statement of co-accused of this case and though it is alleged that a motorcycle has been recovered from the house of the petitioner, however, the same belong to one of his friends and the recovered motorcycle is not in dispute in the present case. It has also been submitted that other coaccused has already been granted bail by this Court vide order

Patna High Court Cr.Misc. No.32877 of 2017 (3) dt.02-08-2017 dated 19.07.2017 passed in Criminal Miscellaneous No. 30408 of 2017 and petitioner has been in judicial custody since 08.03.2017. Learned counsel for the State opposed the prayer for bail and submitted that petitioner has suppressed the fact with regard to his criminal antecedent as he is accused in two other cases also. Having heard both sides, considering the fact and circumstances of the case and nature of allegation coupled with the fact petitioner has criminal antecedent, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, petitioner may renew his prayer for bail after completion of six months in judicial custody or after framing of charge in this case, whichever is earlier.

(Vinod Kumar Sinha, J) sunil/- U