Patna High CourtCR. MISC./17664/2019rejected

Ajmal Yajdani v. The State Of Bihar

2019-03-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17664 of 2019 Arising Out of PS. Case No.-178 Year-2018 Thana- KOCHADHAMAN District- Kishanganj ====================================================== Ajmal Yajdani Son of Noor Alam, Resident of Saptia Bishanpur, Police Station-Kochadhaman, District-Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-03-2019 Heard learned counsel for petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail arises out of Kochadhaman P.S. Case No. 178 of 2018, disclosing offences punishable under Sections 414/34 of the Indian Penal Code. From a garage maintained and managed by the petitioner, the police are said to have recovered three motorcycles, including one Apache motorcycle having Registration No. BR 38 M/3007 stolen in June, 2018. Learned counsel, appearing on behalf of the petitioner, has submitted that the said motorcycle was brought to garage by a customer for the purpose of repair and the petitioner did not have any knowledge as to whether the said motorcycle

Patna High Court CR. MISC. No.17664 of 2019(2) dt.26-03-2019 2/2 was stolen one or not. He has also argued that since the petitioner has no criminal antecedent, he deserves the privilege of anticipatory bail.

Since the petitioner's custodial interrogation by the police may be needed to examine whether the petitioner is involved in the said crime, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, dismissed.

The petitioner is directed to surrender before the Court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered on its own merit without being prejudiced by rejection of the present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) Ashish/- U T