Md. Shahzad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54943 of 2016 Arising Out of PS.Case No. -648 Year- 2016 Thana -ARARIA District- ARRARIA ====================================================== Md. Shahzad S/o - Md. Mahmood Ansari, Resident of Village - Bairgachhi, Momin Tola, P.S. - Araria (Bairgachhi O.P.), District - Araria. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-01-2017 The application is for grant of regular bail in connection with Araria P.S. Case No. 648 of 2016 registered for offence under section 379 of the Indian Penal Code and later on, section 411 of the Indian Penal Code has been added. It has been submitted on behalf of the petitioner that nothing has been recovered from the possession of the petitioner. whereas allegation has been made that a stolen motor cycle has been recovered on the basis of confessional statement of coaccused there the petitioner's name has transpired. The petitioner is in custody since 04.10.2016.

Heard learned A.P.P. also. Learned A.P.P. has opposed the prayer for bail of the petitioner. Having heard both sides. In view of the fact that a

Patna High Court Cr.Misc. No.54943 of 2016 (3) dt.30-01-2017 2/2 stolen motor cycle has been recovered on the basis of confessional statement there the petitioner's name has transpired, this Court is not inclined to grant bail to the petitioner at this stage. However, the petitioner may move for bail after framing of the charge in this case and the court below is directed to expedite the trial. With the above observation, this petition is dismissed.

(Vinod Kumar Sinha, J) Mahesh/- U T