Patna High CourtCR. MISC./34963/2017dismissed

Praful Kumar Choudhary v. The State Of Bihar

2017-08-04Mr. Justice Vinod Kumar Sinha2 pages

Patna High Court Cr.Misc. No.34963 of 2017 (2) dt.04-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34963 of 2017 Arising Out of PS.Case No. -383 Year- 2017 Thana -BANKA District- BANKA ======================================================

1. Praful Kumar Choudhary S/o Sri Lalan Choudhary, R/o Barahat, P.S.- Barahat, District- Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-08-2017 The petitioner seeks regular bail in connection with Banka P.S. Case No. 383 of 2017, registered for offences punishable under Sections 379/411 of Indian Penal Code. Allegation against the petitioner and other co-accused is of stealing the motorcycle of the informant and further there is recovery of one motorcycle from the possession of the petitioner. It has been submitted on behalf of the petitioner that he has not been named in the F.I.R his name transpired in this case during the course of investigation on confessional statement of coaccused and further there is allegation of recovery of one motorcycle, however, the same is not related with the present case and also there is nothing to show that the recovered motorcycle was a stolen one. Petitioner has been in custody since 04.07.2017.

Patna High Court Cr.Misc. No.34963 of 2017 (2) dt.04-08-2017 Heard learned A.P.P. also.

Having heard both sides, considering the fact that in this case, investigation is still going on, as such, I am not inclined to release the petitioner on bail, his application for regular bail is, accordingly, rejected.

However, petitioner may renew his prayer for bail after submission of chargesheet in the court below itself and if any such application is filed, the court below after verifying the fact that except the allegation as stated above, there is nothing against the petitioner, he shall release the petitioner on bail to his own satisfaction, otherwise, he is free to pass any order as he deems fit and proper.

(Vinod Kumar Sinha, J) sunil/- U T