Ramchandra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32863 of 2023 Arising Out of PS. Case No.-106 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== RAMCHANDRA SHARMA Son of Late Ramdev Sharma Resident of village - Hasuaha, P.S.- Harsidhi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Harsidhi P.S. Case No.106/2021, registered for the offence punishable u/s 379, 411, 414, 34 of the IPC.

3.

As per the prosecution case, the informant being a S.I., received information that petitioner and other accused persons have kept stolen motorcycle in their house and they used to sell and purchase stolen motorcycles. Thereafter, from the house of petitioner one stolen Bajaj motorcycle was recovered. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that no stolen motorcycle has been recovered from

Patna High Court CR. MISC. No.32863 of 2023(4) dt.18-09-2023 2/2 the house of the petitioner as the place of recovery is shown as village Hasuaha in the seizure list and there is violation of section 100 of the Cr.P.C. with regard to the preparation of seizure list. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by submitting that petitioner is a member of the syndicate, who used to sell and purchase stolen motorcycle.

6.

Having regard to the facts and circumstances of the case and considering that one stolen motorcycle has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T