Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5103 of 2021 Arising Out of PS. Case No.-585 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== Kunal Kumar Aged About 18 Years Son Of Randhir Kumar Rana Resident Of Village-Rupauli, P.S.-Saraiya, District-Muzaffarpur ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Nachiketa Jha, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-04-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Saraiya Police Station Case No. 585 of 2019 registered for the offences punishable under section 392 of the Indian Penal Code. As per the prosecution case, stolen motorcycle of the informant was recovered from the possession of the petitioner. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner is in custody since 9.12.2019. Charge sheet has already been submitted. Learned counsel for the State opposes the prayer for bail and submits that there is recovery of stolen motorcycle of

Patna High Court CR. MISC. No.5103 of 2021(2) dt.06-04-2021 2/2 the informant from the possession of the petitioner and petitioner has got criminal antecedent.

In view of recovery of stolen motorcycle from the possession of the petitioner coupled with the fact that the petitioner has got criminal antecedent of similar offence, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T