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Patna High CourtCR. MISC./46131/2016disposed

Sanjeev Kumar v. The State Of Bihar

2016-10-22Mr. Justice Dinesh Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46131 of 2016 Arising Out of PS.Case No. -344 Year- 2015 Thana -KHIJARSARAI District- GAYA ====================================================== Sanjeev Kumar, son of Rambriksha Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Sri Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2016 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Section 414 of the Indian Penal Code.

Prosecution case is that the informant being SHO of Khizersarai P.S. during vehicle check intercepted a Maruti-800 car and apprehended three persons found travelling in the car. The apprehended accused persons disclosed their names as Lokesh Kumar, Dharmendra Kumar and Sudhir Kumar Singh. From the possession of co-accused Lokesh Kumar a master key

Patna High Court Cr.Misc. No.46131 of 2016 (2) dt.22-10-2016 2/3 was recovered. It is also alleged that two persons travelling on a motorcycle were also intercepted, who disclosed. They further disclosed their names as Rohit Raj and Gautam Kumar @ Chhotu Kumar and known to these persons available in the intercepted car. From the possession of co-accused Rohit Raj a master key was recovered. The apprehended accused persons also disclosed that they used to steal motorcycle through master key and used to sell by changing registration number and other particulars of the vehicle.

It is submitted by learned counsel for the petitioner that the actual recovery has not been made form the petitioner and except the confession of co-accused there is nothing against the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail.

Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Khijarsarai P.S. Case No.344/2015, pending before the learned ACJM-III, Gaya.

Patna High Court Cr.Misc. No.46131 of 2016 (2) dt.22-10-2016 3/3 With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T