Sunny Kumar @ Kanhaiya @ Kanahiya Kumar @ Sunny v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49899 of 2016 Arising Out of PS.Case No. -63 Year- 2016 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Sunny Kumar @ Kanhaiya @ Kanahiya Kumar @ Sunny Son of Umesh Singh Resident of Village-Gaushpur, P.S. Rajapakar, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Thakur, Sr. Adv. Mr. Nilesh Kumar, Adv.

For the Opposite Party/s : Mr. Md. Ansarul Haque, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 04-04-2017 Heard both sides.

The petitioner apprehends his arrest in Rajapakar P.S. Case No. 63/2016, registered for the offences punishable under Sections 414 and 34 of the Indian Penal Code. The police on secret information reached at the house of Sunny Kumar @ Kanhaiya (petitioner) and saw the petitioner was sitting on a cot along with 3 to 4 other persons. After seeing the police, the accused persons started fleeing away. On chase, one Vipul Kumar was apprehended who disclosed that Sunny Kumar @ Kanhaiya, Manoranjan Kumar Virchandra Paswan and Sakindra Kumar managed to flee away. From in front of the house of the petitioner motorcycles were recovered. The apprehended

Patna High Court Cr.Misc. No.49899 of 2016 (3) dt.04-04-2017 2/2 accused Vipul Kumar disclosed that the recovered motorcycles are stolen.

Learned counsel for the petitioner submits that the seizure list does not disclose that the stolen motorcycles were recovered from the house of the petitioner. The place is thickly populated and the villagers might have parked the motorcycles in front of the house of the petitioner. Similarly situated co-accused Manoranjan Kumar has already been granted anticipatory bail, but from perusal of the record and the case-diary it appears that many stolen motorcycles were recovered in front of the house of the petitioner and the apprehended co-accused reiterated the same facts. The anticipatory bail petition of Triloki Singh has been rejected by this court.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T