Sonu Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7212 of 2021 Arising Out of PS. Case No.-95 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== SONU KUMAR SINGH Son of Rampas Singh @ Rampravesh Singh Resident of Village - Dalelchak, P.S. - Madanpur, District - Aurangabad. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr. Rajendra Nath Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 21-02-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the office within one month.

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Madanpur P.S. Case No. 95 of 2019 registered for offence punishable under section 414 of the Indian Penal Code. The learned counsel for the petitioner has submitted that the name of the petitioner has been figured in confessional statement of co-accused Arun Kumar and the motor cycle, which was recovered, do not belong to the informant. It appears that the motor cycle of the informant was

Patna High Court CR. MISC. No.7212 of 2021(5) dt.21-02-2022 2/3 stolen away. On 03.05.2019, the informant got information that his motor cycle is present in Sherghati. When he reached near Khiriyawan More, two persons were found there in suspicious condition with a motor cycle. One of them fled away and second was apprehended. The informant came to know from a Shop Keeper nearby, that both the accused persons were preparing duplicate key of that motor cycle.

It is true that the recovered motorcycle was not belonging to the informant, but the persons nearby informed that the present petitioner, who became successful in fleeing away, was making the fabricated key of that motor cycle. The criminal antecedent of the present petitioner has been called from the Superintendent of Police, Aurangabad which has been received through Memo No. 31/22 dated 05.01.2022, which shows that except the present case, Madanpur P.S. Case No. 31/2021 is also pending against the present petitioner, under Section 30 (a) Bihar Prohibition and Excise Act, 2018.

Considering the above mentioned facts and circumstances as well as the criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner and accordingly his prayer for anticipatory bail is rejected.

Patna High Court CR. MISC. No.7212 of 2021(5) dt.21-02-2022 3/3 Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) Mahesh/Kamlesh U T