Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38300 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- ROH District- Nawada ====================================================== Nandan Kumar Son Of Virendra Prasad, Resident of Village - Kesauriya, P.S. - Nardiganj, District - Nawada ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== with CRIMINAL MISCELLANEOUS No. 39449 of 2024 Arising Out of PS. Case No.-296 Year-2023 Thana- ROH District- Nawada ====================================================== Santosh Yadav @ Santosh Prasad son of Late Ramji yadav VillageKeshauriya Ps-Nardiganj Dist- Nawada Bihar ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 38300 of 2024) For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 39449 of 2024) For the Petitioner/s :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-09-2024 Since both the applications arise out of from Roh P.S. Case No. 296 of 2023, as such, they have been taken up together and are being disposed of by this common order.
02. Heard learned counsels for the petitioners and learned APPs. for the State.
03. In the present case, the petitioners are apprehending
Patna High Court CR. MISC. No.38300 of 2024(3) dt.21-09-2024 2/3 their arrest in connection with Roh P.S. Case No. 296 of 2023 registered for the alleged offence under Sections 379 of the Indian Penal Code.
04. As per prosecution case, motorcycle of the informant was stolen away in the night, which was parked outside the residence of elder brother of the informant. The name of petitioners transpired during investigation as the persons who were involved in the theft.
05. Learned counsels for the petitioners submit that petitioners are innocent and have been falsely implicated in this case. The stolen motorcycle was recovered in Hisua P.S. Case No. 530 of 2023 in which the petitioners have been made accused and have been enlarged on bail. The said motorcycle was recovered in the aforesaid case with illicit liquor. Learned counsels further submit that nothing incriminating has been recovered from these petitioners and recovery of stolen motorcycle has been made in some other case, though the petitioners are also accused in that case.
06. Learned APPs for the State oppose the prayer for anticipatory bail. Learned APPs submit that the petitioners were apprehended with the stolen motorcycle and they were transporting illicit liquor.
07. Having regard to the facts and circumstances and
Patna High Court CR. MISC. No.38300 of 2024(3) dt.21-09-2024 3/3 submission made on behalf of the parties and considering the fact that the petitioners were apprehended with stolen motorcycle and also carrying illicit liquor, I do not think it is a fit case for grant of anticipatory bail to the petitioners. Hence, their prayer for anticipatory bail is hereby rejected.
(Arun Kumar Jha, J) Ashish/- U T