Sujit Kumar @ Sujit Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24085 of 2023 Arising Out of PS. Case No.-190 Year-2022 Thana- PANAPUR District- Saran ====================================================== SUJIT KUMAR @ SUJIT RAI Son of Lalan Rai R/V- Saguni, PS-Taraiya Dist- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yashraj Bardhan, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard Mr. Yashraj Bardhan, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned Additional Public Prosecutor appearing for the State.

Petitioner apprehends his arrest in connection with Panapur P.S. Case No. 190 of 2022 dated 4.7.2022 registered for the offence punishable under Sections 413, 414 and 34 of the Indian Penal Code.

As per the prosecution case on 4.7.2022 the informant, who is the Police Officer, got information that a stolen Motorcycle has crossed from the side of Chapiya to the side of Bhoraha and after sometime the said Motorcycle was coming from the side of Bhoraha and when the Police party tried to stop the Motorcycle, the rider of the Motorcycle tried to flee away. However, he was apprehended along with the

Patna High Court CR. MISC. No.24085 of 2023(2) dt.07-07-2023 2/3 Motorcycle and disclosed his name as Deepak Kumar Yadav. Upon enquiry, he told that the Motorcycle belongs to the petitioner and when the Police asked for the papers, he produced the false paper and said that the Motorcycle was stolen by the petitioner about two months back.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story and his name has surfaced on the confessional statement of co-accused. He further submits that the Motorcycle in question has not been recovered from possession of the petitioner. The petitioner was also not present at the place of occurrence.

I have heard learned counsel for the parties and have perused the materials on record. Upon demand, the fake paper of Motorcycle was produced by the person apprehended along with the Motorcycle who told that the same was stolen two months back by the petitioner.

In view of the nature of allegation and the fact that the petitioner has got criminal antecedents also, the custodial interrogation of the petitioner may be necessary for ascertaining the real truth.

Accordingly, I am not inclined to grant anticipatory

Patna High Court CR. MISC. No.24085 of 2023(2) dt.07-07-2023 3/3 bail to the petitioner.

The prayer for anticipatory bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) S.Ali/- U T