Chandan Rai @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53099 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -PHENHARA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Chandan Rai @ Chandan Yadav, Son of Pukar Rai @ Rampukar Rai, Resident of Village Rajpur Kaul Marpa, P.S. Fenhara, District East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner :

Mr. Sangeet Deokuliar, Advocate For the State :

Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing on behalf of the State.

The petitioner apprehends his arrest in connection with Fenhara P.S. Case No.12 of 2017, registered under Sections 379, 411, 413, 414, 465, 468, 471 and 474/34 of the Indian Penal Code.

Allegation in brief is that the co-accused Shivam Kumar was apprehended by the police while moving on motorcycle in a suspicious condition. The motorcycle was found stolen one as no paper was shown and Shivam Kumar in his confessional statement disclosed the stolen motorcycle to be in possession of some of the accused including the petitioner, in

Patna High Court Cr.Misc. No.53099 of 2017 (2) dt.10-11-2017 2 /2 whose house one stolen motorcycle was parked and was kept there and the same was recovered thereafter by the police. Learned counsel for the petitioner submits that Shivam Kumar was resident of adjacent village and he parked the motorcycle in the house of the petitioner and the petitioner has no concern with the same.

However, considering the recovery of the stolen motorcycle from the house of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of anticipatory bail of the petitioner stands rejected in connection with Fenhara P.S. Case No.12 of 2017, pending in the court of learned A.C.J.M., 12, Motihari, East Champaran. However, the petitioner may surrender and seek regular bail and the same shall be considered on merit without being prejudiced by this order.

(Arun Kumar, J.) S.Kumar/- U T