Binda Ram @ Vinda Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30378 of 2016 Arising Out of PS.Case No. -59 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Binda Ram @ Vinda Ram Son of Bhola Ram, Resident of VillageMadhusareya, Police Station-Manjhagarh,District-Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lokesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Durgesh Nandan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-09-2016 Heard learned counsel for the Petitioner and the learned counsel for the State.

The Petitioner seeks bail in Manjhagarh P.S. case No.59 of 2016 instituted for the offence under Sections 414, 420, 467, 468 and 471/34 of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Gopalganj. The prosecution case, in brief, is that on confidential information on 20.4.2016 at 2 A.M. the informant along with other police party reached near Bhojpurwa More. On noticing police jeep, four persons started fleeing away riding on motorcycle, but on chase by the police party they were apprehended and some stolen motorcycles were recovered from the possession of the accused persons including the petitioner and

Patna High Court Cr.Misc. No.30378 of 2016 (3) dt.08-09-2016 seizure list was prepared.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 21.4.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case at the instance of co-accused Sharif Alam. The petitioner denies the recovery of the stolen motorcycle from his possession. There is no compliance of Section 100 of the Cr.P.C.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and there are three cases pending against the petitioner of similar nature.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner at this stage. The same is rejected.

(Sudhir Singh, J) Narendra/- U T