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Patna High CourtCR. MISC./53413/2024dismissed

Chand Mian v. The State Of Bihar

2024-08-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53413 of 2024 Arising Out of PS. Case No.-61 Year-2022 Thana- GOPALPUR District- West Champaran ====================================================== Chand Mian Son of Pirmohammad Hawari R/V- VILLAGE- P.O.- RAGHUNATHPUR, P.S.- RAMGADHWA, DISTT.- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manaur Alam For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Gopalpur P.S. Case No. 61 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code.

3. The prosecution story, in brief, is that informant has purchased Bolero bearing Reg. No. BR-09F-4006 from one Shivnath Raut two years ago, which had not been transferred in the name of the informant. Informant alleged that on 02.05.2022 at about 02:15 A.M. the said Bolero has been theft by unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.53413 of 2024(2) dt.28-08-2024 2/2 specific rather general and omnibus in nature. He submits that nothing has been recovered from conscious possession of the petitioner. The petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that the alleged Bolero was recovered from the house of the petitioner, it is clear from the seizure list itself.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) anand/- U T