Badal Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34472 of 2017 Arising Out of PS.Case No. -581 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Badal Sahani S/o Rameshwar Sahani, Resident of Village-Raghunathpur, P.S.-Turkauliya, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Yadav, Adv. For the Opposite Party/s : Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-08-2017 Heard both sides.

The petitioner apprehends his arrest in Turkauliya P.S. Case No. 581/2015, registered for the offences punishable under Section 414 of the Indian Penal Code.

The S.H.O. of Turkauliya P.S. on secret information started checking the vehicle, but the petitioner managed to flee away.

Learned counsel for the petitioner submits that the petitioner did not commit theft of any motorcycle. Nothing was recovered from the conscious possession of the petitioner. One motorcycle was recovered from the side of the road situated in front of Mahindra Tractor workshop in Tukauliya. Dipak Kumar is

Patna High Court Cr.Misc. No.34472 of 2017 (2) dt.10-08-2017 2/2 said to have committed theft of motorcycle. It is submitted that save and except suspicion, there is no material against the petitioner, but from perusal of the record it appears that the petitioner have got criminal antecedent and he is accused in as many as three cases registered under sections 313, 314 and 384 of the Indian Penal Code, in which the petitioner is on bail. Considering the facts aforesaid and the fact that petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T