Satyendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43898 of 2019 Arising Out of PS. Case No.-68 Year-2015 Thana- BHANGWANPUR HAT District- Siwan ====================================================== SATYENDRA PRASAD Son of Rameshwar Prasad @ Ramesh Prasad Resident of Village - Satjora Pakdi, P.O.- Satjora Bazar, P.S.- Panapur, District- Saran at Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jeetendra Narayan For the Opposite Party/s :

Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-07-2019 Heard both sides.

The petitioner apprehends his arrest in Bhagwanpur P.S. Case No.68 of 2015 registered under Section 379 of the Indian Penal Code.

The informant lodged the case against unknown for theft of his Hero Honda motorcycle bearing registration No.BR 29F-6549 from the verandah of his house situated in the village. The learned counsel for the petitioner submits that the name of the petitioner figured in the case on the basis of the confessional statement of one Hari Kishore Prasad and the motorcycle was not recovered from the conscious possession of the petitioner but it appears that during the course of investigation, Hari Kishore Prasad was apprehended and he

Patna High Court CR. MISC. No.43898 of 2019(2) dt.17-07-2019 2/2 disclosed and confessed the commission of theft of motorcycle from the house of the informant and the co-accused also disclosed that the motorcycle was kept in the premises of the house of the petitioner and on such disclosure, the stolen motorcycle was recovered from the premises of the house of the petitioner.

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

(Prabhat Kumar Jha, J) Saurabh/- U T