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Patna High CourtCR. MISC./49112/2015rejected

Ranjeet Mahto v. The State Of Bihar

2015-11-05Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49112 of 2015 Arising Out of PS.Case No. -22 Year- 2015 Thana -GHANSHYAMPUR District- DARBHANGA ====================================================== Ranjeet Mahto, son of Late Tetar Mahto, resident of Village: Ganaun, P.S: Ghanshyampur, District: Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sameer Ranjan For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 05-11-2015 Heard counsel for the petitioner and APP for the State. Apprehending his arrest in Ghanshyampur P.S. Case No. 22 of 2015 registered under section 414,467,468 and 420 IPC, the petitioner has filed the present application for anticipatory bail. On the confessional statement of one Bolbam Sharma the Officer-incharge has lodged the present case alleging that in the confessional statement the accused disclosed that after the theft of the motor cycles and tampering with their engines/chassis(s) the same were sold to other accused persons. On that basis, the I.O. is said to have raided the house of the petitioner wherefrom one motorcycle was recovered.

The contention of the petitioner is that on the same day the house(s) of two other accused persons was/were also searched

Patna High Court Cr.Misc. No.49112 of 2015 (2) dt.05-11-2015 2/2 and purchased motorcycles were recovered in which the petitioner had signed as a witness. On the same day the house of the petitioner is said to have been searched wherein his signature has not been obtained. This casts a doubt on the prosecution case. Counsel for the State has opposed the prayer for anticipatory bail.

In view of recovery of the stolen motor cycle from the house of the petitioner and his previous involvement in the offence of identical nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer is rejected. He should surrender and seek regular bail in the court below. (Kishore Kumar Mandal, J) HR/- U T