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Patna High CourtCR. MISC./45784/2016rejected

Lakhindra Rai v. The State Of Bihar

2016-11-29Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45784 of 2016 Arising Out of PS.Case No. -105 Year- 2006 Thana -VIDYAPATINAGAR District- SAMASTIPUR ======================================================

1. Lakhindra Rai Son of Kameshwar Rai Resident of village- Lodiahi, Police Station- Bachhwara, District- Begusarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-11-2016 Heard both sides.

The petitioner apprehends his arrest in Vidyapati Nagar P.S. Case No. 105/2006, registered for the offences punishable under Sections 414, 120B of the Indian Penal Code. The informant, police officer, recovered a motorcycle bearing Registration No. BR 33C 2212 and enquired about the owner of the motorcycle. Pramod Kumar Rai came and said himself the owner of the motorcycle but he was asked to provide documents. Further he said that Lakhindra Rai, the petitioner is the owner of the motorcycle.

Learned counsel for the petitioner submits that the petitioner is not the owner of the motorcycle. He has no manner of concern with the motorcycle.

Patna High Court Cr.Misc. No.45784 of 2016 (2) dt.29-11-2016 2/2 It appears that the case is of the year 2006 and the petitioner is named in the FIR but the petitioner filed this petition for anticipatory bail after ten years of the occurrence. Considering the facts aforesaid and the fact that the petitioner filed the petition for anticipatory bail after ten years of the occurrence and on this ground alone, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T