Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38869 of 2020 Arising Out of PS. Case No.-27 Year-2020 Thana- MOTIPUR District- Muzaffarpur ====================================================== RAHUL KUMAR, S/o Sri Harishankar Ray R/o Village- Ratanpura, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Verma, Advocate For the Opposite Party/s :

Mr. Asha Devi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Motipur P.S. Case No. 27 of 2020, registered under Sections 147, 148, 149, 120(B), 341, 323, 307, 353, 354, 379, 413, 414, 427, 504 and 511/34 of the Indian Penal Code, pending in the court of the learned S.D.J.M., Muzaffarpur (West). From perusal of the record, it appears that vide order dated 27.10.2021, a report was called for from the Senior Superintendent of Police, Muzaffarpur to inform this court after verifying the registration and owner of the vehicle bearing Engine No. GMDAG59972 and the Chesis No. MAIXA2GMK05593321.

A report has been received contained in letter No.

Patna High Court CR. MISC. No.38869 of 2020(3) dt.01-11-2021 2/3 193, dated 30.10.2021 from the office of the Senior Superintendent of Police, Muzaffarpur.

Learned counsel appearing on behalf of the State submits that from perusal of the said report, it appears that the owner of the said vehicle is Md. Julkaish and the registration number of the above stated vehicle is BR-07PA0279. It has further been reported that the said vehicle has been recovered in course of investigation in connection with Katra P.S. Case No. 300 of 2019, dated 26.12.2019 registered for the offence under Section 379/34 of the Indian Penal Code. The said vehicle was found in front of the house of the petitioner.

Considering the facts and circumstances as well as from perusal of the F.I.R. and the report dated 30.10.2021 contained in Letter No. 193 of the Senior Superintendent of Police, Muzaffarpur prima facie case under Sections 379 and other sections as mentioned in the F.I.R. in connection with Motipur P.S. Case No. 27 of 2020 is made out. I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, his prayer for grant of pre-arrest bail stands rejected. The petitioner is directed to surrender before the trial Court within four weeks and pray for regular bail, which shall be considered

Patna High Court CR. MISC. No.38869 of 2020(3) dt.01-11-2021 3/3 by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Purnendu Singh, J) manish/- U T