Murari Kumar @ Murari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37793 of 2024 Arising Out of PS. Case No.-561 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Murari Kumar @ Murari Singh SON OF Sushil Singh Resident of Village Iniyar, P.S. -Muffasil(LAKHO), District - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parmod Kumar, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 12-07-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Muffasil (Begusarai) P.S. Case No.561 of 2023 registered for the offence under Sections 392 of the Indian Penal Code and later on added Sections 397 and 411 of the Indian Penal Code. 3.

Allegation against the petitioner is to have taken away Apache motorcycle of the informant on the point of pistol along with rider of Hero Honda Splender bearing registration no. BR09BP1845.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner was not named

Patna High Court CR. MISC. No.37793 of 2024(3) dt.12-07-2024 2/3 in the FIR rather FIR was registered against two unknown riders of Hero Honda Splender bearing registration no. BR09BP1845. It is submitted that nothing incriminating has been recovered from conscious physical possession of this petitioner. It is further submitted that petitioner is in custody since 16.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner and submitted that the stolen motorcycle was recovered from the door of the petitioner.

6.

In view of the submissions, as made above, as stolen motorcycle recovered from the door of the petitioner and also additional offence under Section 411 of the IPC was added later on in FIR and also it appears from perusal of FIR that other cases mainly arms act, extortion, dacoity, etc. are also pending against this petitioner, this Court is not inclined to grant bail to the petitioner, at present.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

8.

Learned trial court is directed to conclude the trial within a period of 06 (six) months from the date of receipt of a copy of this order and if the trial could not be concluded within specified period, the petitioner would be at liberty to

Patna High Court CR. MISC. No.37793 of 2024(3) dt.12-07-2024 3/3 renew the prayer for bail of the petitioner before learned trial court.

(Ramesh Chand Malviya, J) S.Katyayan/- U T