Patna High CourtCR. MISC./42114/2016rejected

Gautam Mandal v. The State Of Bihar

2016-10-22Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42114 of 2016 Arising Out of PS.Case No. -188 Year- 2016 Thana -KOTWALI District- MUNGER ======================================================

1. Gautam Mandal son of Damodar Mandal resident of Village/MuhallaDilawarpur, Police Station- Kotwali, District- Munger. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjiv Kumar Singh For the Opposite Party/s : Mr. Sri Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kotwali P.S. Case No. 188 of 2016 registered for the offences punishable under Sections 379, 411, and 401 of the Indian Penal Code. The First Information report is against unknown but during investigation stolen motorcycle of the informant was recovered from the residential house of the petitioner on 13.07.2016.

Submission is of false implication and that the petitioner was residing there as tenant. The F.I.R was instituted on 11.07.2016 while the occurrence alleged to have taken place on 18.11.2015 and the delay has not been explained and hence, the

Patna High Court Cr.Misc. No.42114 of 2016 (2) dt.22-10-2016 2/2 petitioner deserves sympathetic consideration as he is in custody since 14.07.2016.

Learned A.P.P. opposes the prayer of bail by submitting that the stolen motorcycle was recovered from possession of the petitioner.

In the facts and circumstances stated above, considering the recovery of stolen motorcycle from possession of petitioner, at present, I am not inclined to grant bail to the petitioner and accordingly, his such prayer stands rejected. However the petitioner may renew his prayer for bail after remaining six months in custody from the date of his remand. (Jitendra Mohan Sharma, J) siddharth/-avin U T