Mukesh Das @ Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24479 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- KALYANPUR District- Samastipur ====================================================== Mukesh Das @ Mukesh Kumar Son of Dhukharan Das, Resident of Village - Ladaura Tola, Phulwariya, Police Station - Kalyanpur, District Samastipur. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar, Advocate For the Opposite Party :

Mr. Shyam Bihari Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kalyanpur P.S. Case No. 16 of 2018, registered for the offence punishable under Section 414 of the Indian Penal Code. Allegedly, on the basis of confidential information the informant and other police personnel raided the house of the petitioner and then one person succeeded in fleeing away, about whom the family members said that he was the petitioner and from the house of the petitioner one Bajaj Discover motorcycle was recovered and family members stated that it was kept by Manish Kumar.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.24479 of 2018(2) dt.26-04-2018 2/2 petitioner has been made victim of the circumstances, nothing has been recovered from conscious possession of the petitioner. The alleged recovery is from thatched house. The petitioner has got no criminal antecedent and, as such, he deserves sympathetic consideration.

The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that from the house of the petitioner also there is recovery of stolen motorcycle.

In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Kalyanpur P.S. Case No. 16 of 2018, pending in the Court of learned S.D.J.M., Samastipur.

(Jitendra Mohan Sharma, J.) Rajiv/- U T