Patna High CourtCR. MISC./41242/2016rejected

Santosh Thakur @ Santosh Kumar v. The State Of Bihar

2016-10-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41242 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -PAROO District- MUZAFFARPUR ====================================================== Santosh Thakur @ Santosh Kumar Son of Rajendra Thakur @ Katak Thakur, resident of Village- Kataroo, P.S.- Paroo, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar, Advocate. For the Opposite Party/s : Ms. Rita Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2016 Heard both sides.

The petitioner apprehends his arrest in Paroo P.S. Case No. 57 of 2016 registered under Sections 414/34 of the Indian Penal Code.

The police got information that Sunil Thakur has kept stolen vehicle and, on such, the house of Sunil Thakur was searched. One Passion Pro motorcycle, bearing registration no. R05/4199, was recovered from the hut of Sunil Thakur and it transpired that he was driving the motorcycle for last one month. During the course of search, the informant also came to know that the motorcycle was kept at the Darwaza of the petitioner and the same was duly seized. The witnesses disclosed that the petitioner and Chandan Kumar were driving the motorcycle and they fled away leaving the motorcycle on the Darwaza of the

Patna High Court Cr.Misc. No.41242 of 2016 (2) dt.17-10-2016 2/2 petitioner.

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot and there is nothing on the record to show that the petitioner committed theft of any motorcycle. From the conscious possession of Chandan Kumar, the motorcycle was recovered. Chandan Kumar was seen moving on the motorcycle.

It appears that the petitioner was also seen moving on the motorcycle along with Chandan Kumar and the motorcycle was recovered from the Darwaza of the petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail in Paroo P.S. Case No. 57/16. Accordingly, the same is rejected.

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