Md. Bhodu @ Bhodu @ Hasim v. The State Of Bihar

Patna High Court Cr.Misc. No.47826 of 2016 (2) dt.10-11-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47826 of 2016 Arising Out of PS.Case No. -162 Year- 2016 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Md. Bhodu @ Bhodu @ Hasim, Son of Tamijuddin, resident of VillageAmajhari, P.S. Kishanganj, District-Kishanganj. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Amal Kumar Sinha For the Opposite Party : Mr. Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2016 Heard learned counsel for the petitioner as well as learned A.P.P.

The petitioner is facing prosecution in connection with Bahadurganj P.S. Case 162 of 2016 registered for offence under Sections 414/34 of the Indian Penal Code.

The allegation is that one stolen motorcycle was recovered from one of the co-accused Mojib. The police on the basis of relationship and disclosure of the co-accused, arrested the petitioner.

Learned counsel for the petitioner submits that any recovery of the stolen motorcycle/article was not made from the conscious possession of the petitioner. The petitioner is in jail custody since 03.08.2016.

Learned A.P.P. opposed the prayer for bail of the

Patna High Court Cr.Misc. No.47826 of 2016 (2) dt.10-11-2016 petitioner and contends that the petitioner has long history of such offences as would appear from paragraph 3 of the bail petition. Looking to the criminal antecedent of the petitioner and other materials reflected from the case records, I am not inclined to grant privilege of bail of the petitioner. Accordingly, his prayer for bail is rejected.

However, the petitioner shall have liberty to renew his prayer for bail after four months.

(Kishore Kumar Mandal, J) m.pal U T