Md. Farooque v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20703 of 2018 Arising Out of P.S.Case No. -540 Year- 2016 Thana -KISHANGANJ District- KISANGANJ ====================================================== Md. Farooque S/o Saudagar Ali @ Saudagar, R/o Amajhari, P.S.- Kishanganj in the District of Kishanganj.

.... .... Petitioner/s

Versus

1. The State of Bihar

2. North Bihar Power Distribution Co. Ltd., Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar, Advocate For the Opposite Party/s : Smt. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 03-05-2018 Heard.

The petitioner apprehends arrest in connection with Kishanganj P.S.Case No.540 of 2016 pending in the Court of CJM, Kishanganj registered for an offence under Sections 379 and 411 of IPC.

The informant of this case happens to be a police officer who apprehended one Tata Magic vehicle loaded with 1.6 quintals of Aluminum wire at a village road.

It has been submitted that the petitioner is owner of said vehicle having no concern with the wire which was recovered in different village on village road so no offence under Sections 379 and 411 of the IPC is made out against the petitioner. The learned APP opposed the submissions.

Patna High Court Cr.Misc. No.20703 of 2018 (2) dt.03-05-2018 2/2 It appears that the petitioner is owner of the vehicle in question which was involved in transportation the stolen aluminum electrical wire. The anticipatory bail prayer of the driver has already been rejected by one of the coordinate Bench of this Court in Cr.Misc.No.20691 of 2018.

Considering the involvement of the petitioner in transporting stolen wire by his vehicle, I am not inclined to grant him privilege of anticipatory bail. The prayer for anticipatory bail is rejected.

(Sanjay Kumar, J) B.Kr./- U T