Patna High CourtCR. MISC./52481/2017rejected

Sunir Choudhary@Chhotu v. The State Of Bihar

2017-11-20Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52481 of 2017 Arising Out of PS. Case No.-54 Year-2017 Thana- DALSINGHSARAI District- Samastipur ====================================================== SUNIR CHOUDHARY@CHHOTU S/o Sudhir Choudhary, R/o VillageRajwara, P.S.- Garhara, District- Begusarai presently residing at VillageSokhara Ward No. 10, P.S.- Fulwaria, District- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Mohan Mishra For the Opposite Party/s :

Mr. SRI ADITYA NARAYAN SINGH 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-11-2017 Heard both sides.

Prayer is for grant of bail in Dalsingsarai P.S. Case No. 54 of 2017 registered under section 379 of the Indian Penal Code. The motorcycle of the informant when parked outside the Restaurant was lifted. F.I.R. was lodged against unknown. Few days thereafter, co-accused Ashutosh @ langra was apprehended. His confessional statement was recorded wherein he accepted to have lifted the motorcycle. He also named the petitioner as the participant. On his disclosure, the stolen motorcycle was recovered from the possession of the petitioner. Learned counsel submits that co-accused Ashutosh has accepted of having committed theft. There is no direct involvement of the petitioner. There is some discrepancy in the seizure memo

Patna High Court Cr.Misc. No.52481 of 2017(2) dt.20-11-2017 2/2 prepared by the police with respect to the stolen motorcycle. The petitioner is in custody since 3.6.2017. It is stated that the charge-sheet has already been filed.

Counsel for the State opposed the prayer. It is submitted that the petitioner has few more criminal cases to his credit. Stolen motorcycle recovered from his possession. It is stated by the petitioner that he has been granted bail in those cases. Having regard to the nature of allegation and other materials available on record, prayer for bail is rejected. However, if the petitioner, after expiry of four months, pray for bail in Court below itself, the same shall be considered on its own merit uninfluenced by the present order.

(Kishore Kumar Mandal, J) Pankaj/- U T