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Patna High CourtCR. MISC./43446/2016rejected

Gaurav Kumar v. The State Of Bihar

2016-10-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43446 of 2016 Arising Out of PS.Case No. -40 Year- 2016 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Gaurav Kumar, son of Devendra Singh, Resident of Village- Madhurapur, Dakhinwari Tola, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ashok Kumar Mishra For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Bibhutipur P.S. Case No. 40 of 2016 registered for offences under sections 379 of the Indian Penal Code. As per allegation made in the First Information Report, the motorcycle was stolen. On the basis of confessional statement of co-accused, the name of the petitioner has transpired in the present case and on the statement of this petitioner, the motorcycle has been recovered. Learned counsel for the petitioner submits that the petitioner was standing outside the house which was a common house.

Looking to the entire facts and circumstances of

Patna High Court Cr.Misc. No.43446 of 2016 (2) dt.06-10-2016 the case, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner, namely, Gaurav Kumar is rejected with a liberty to the petitioner to renew his prayer for bail after nine months of his judicial custody.

(Shivaji Pandey, J) Rishi/- U T