Md. Ayub @ Eaub v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52342 of 2022 Arising Out of PS. Case No.-156 Year-2021 Thana- BHARGAMA District- Araria ====================================================== MD. AYUB @ EAUB S/o Md. Sallo R/o village- Sukaila, Maahpatti, P.S.- Bhargama, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ramesh Kumar Singh For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 379, 411, 413, 414 of the Indian Penal Code.
As per the prosecution case, some unknown miscreants stolen the motor cycle of the informant. On 26.09.2021 the petitioner was found using the stolen motor cycle of the informant and when the informant asked the petitioner to return his motor cycle the petitioner demanded Rs. 10,000/- to return his motor cycle and subsequently escaped away with stolen motor cycle.
Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. No incriminating article has been recovered from the
Patna High Court CR. MISC. No.52342 of 2022(2) dt.20-12-2022 2/2 conscious possession of the petitioner and he is no way concerned with the alleged recovery. Petitioner has got clean antecedent.
Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that petitioner was found using the stolen motor cycle of the informant and when the informant asked the petitioner to return his motor cycle the petitioner demanded Rs. 10,000/- to return his motor cycle and subsequently escaped away with stolen motor cycle. One Splendor motor bike without number has also been recovered from the house of this petitioner.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T