Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44592 of 2015 Arising Out of PS.Case No. -468 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Mukesh Kumar Son of Laxman Mahto R/o Village Pakki Fulwari, P.S. Kalibagh (O.P.) District West Champaran at Bettiah .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Ajay Kr. Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks pre-arrest bail in connection with Bettiah Town P. S. Case No. 468 of 2015 registered under Sections 413, 414, 467, 468, 471/34 of the Indian Penal Code. According to the prosecution case, on confidential information, S.H.O. of Kalibagh (O.P.) raided the house of one Raj Kumar and on search thereof, one Apache Motorcycle was recovered from his house. On interrogation, he disclosed that the said vehicle was stolen one and was given to him by the petitioner. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case. His name was

Patna High Court Cr.Misc. No.44592 of 2015 (2) dt.14-10-2015 2/2 disclosed by co-accused Raj Kumar due to enmity existing from before. He has further contended that there is no positive evidence against the petitioner in the case-diary.

Learned counsel for the State has opposed the application filed on behalf of the petitioner under Section 438 of the Code of Criminal Procedure.

Regard being had to the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the application is rejected.

(Ashwani Kumar Singh, J.) Kanchan/- U T