Nagendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36320 of 2017 Arising Out of PS.Case No. -62 Year- 2017 Thana -MAHESI District- SAHARSA ====================================================== Nagendra Yadav Son of Ram Sudhari Yadav, Resident of Village - Boharba, P.S. - Kusheshwar Asthan, District - Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Bhim Kumar Yadav, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.05.2017 in connection with Maheshi (Jalai) P.S. Case No. 62 of 2017 for the offences alleged under Section 392 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and the F.I.R. is against two unknown persons. It is submitted that the petitioner has not been put on Test Identification Parade and the recovery of the motorcycle has been made in front of the house of the petitioner and not from his conscious possession. The petitioner claims clean antecedents.

4. Considering that the motorcycle has been recovered in front of the house of the petitioner, this Court is not inclined to grant the privilege of bail to the petitioner at this stage. The bail petition stands dismissed.

5. The petitioner shall be at liberty to renew his prayer for bail after framing of charge.

(Vikash Jain, J) Md. Ibrarul/BT U T