Patna High CourtCR. MISC./7082/2015dismissed

Rakesh Kumar And ANR. v. The State Of Bihar

2015-04-15Mr. Justice Prabhat Kumar Jha2 pages

Patna High Court Cr.Misc. No.7082 of 2015 (3) dt.15-04-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7082 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -JALE District- DARBHANGA ======================================================

1. Rakesh Kumar Son of Sri Bishwanath Mahto resident of village - Azamgarh ,Tola Jagdishpur, P.S. Dumra, District - Sitamarhi

2. Jitendra Mahto Son of Bhikhari Mahto, resident of village - Bhu Bhairav Kanta, P.S. Town, Sitamarhi, District - Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-04-2015 Heard both sides.

Petitioners seek their bail in Jalley P.S.Case No.13 of 2015 registered for the offences under Sections 420, 467, 468, 471, 120B, 413 and 414 IPC.

The petitioners were apprehended with stolen motor cycle bearing Registration No. BR30H0886 and on the basis of their confession, Bolero Pick up van bearing Registration No.WB-032-3438, Bolero No.JH-1Y-5404 and Tata Magic Van bearing Registration No.BR06PB1559 were recovered from an orchard. Masleuddin and Samiuddin were keeping watch of the vehicles. Again on the basis of the confession of the petitioners, one Bolero Mahindra SLX No.WB-02AA-5389 and Tata Magic No.BR06PA-9162 were recovered from Nanpur and Ramdhari Mahto was keeping watch on the stolen vehicles. The petitioners and other persons did not produce any paper with regard to those vehicles.

Patna High Court Cr.Misc. No.7082 of 2015 (3) dt.15-04-2015 Learned counsel for the petitioners submits that the motor cycle belong to the uncle of the petitioners, who has filed a petition in the court for release of the same but even on query, the petitioners did not give any answer to the effect that whether any person has come for the release of the vehicles. In persuasion of the confession of the petitioners, five stolen vehicles were recovered.

Considering the facts and nature of allegation, I am not inclined to enlarge the petitioners on bail and accordingly, the same is rejected.

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