Manilal Sharma @ Mani Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39826 of 2024 Arising Out of PS. Case No.-328 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Manilal Sharma @ Mani Sharma Son of Jai Prakash Sharma R/O Vill.- Dadroja, P.S.- Beldaur, Dist.- Khagaria ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh For the Opposite Party/s :
Mr. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 413, 414, 34 of the Indian Penal Code.
3. As per FIR, a stolen motorcycle was recovered from the house of the petitioner.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the apprehended person disclosed the name of the petitioner. He submits that there is no incriminating article has been recovered from the physical or conscious possession of the petitioner. He submits that the stolen motorcycle does not belong to the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of
Patna High Court CR. MISC. No.39826 of 2024(2) dt.10-07-2024 2/2 the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the stolen motorcycle has been recovered from the house of the petitioner, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Gogri P.S. Case No. 328 of 2021.
(Anjani Kumar Sharan, J) devendra/- U T