Md. Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22719 of 2022 Arising Out of PS. Case No.-399 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== MD. ALAM SON OF JUMMAN MIYA R/O VILLAGE -KESHRAWAN, P.S.- KURHANI, (FAKULI O.P.), DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kr Singh No.1, Adv For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehend his arrest in a case registered for the offence punishable under sections 379, 411, 341 of the Indian Penal Code.

Allegedly, the informant's motorcycle was stolen and his co-villager informed him that the petitioner had loaded the said motorcycle on a truck and handed over to his brother-in-law. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.22719 of 2022(2) dt.25-08-2022 2/2 has been falsely implicated in this case due to dirty village politics. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. There is no recovery from the conscious possession of the petitioner. Petitioner has no criminal antecedent, which is also mentioned in para-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the said motorcycle has been recovered from a road near the house of the petitioner. Having regard to the facts and circumstances of the case, since the said recovery has been made from a road near the house of the petitioner, I am not inclined to grant bail to the petitioner. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T