Patna High CourtCR. MISC./52062/2019rejected

Bachchalal Yadav v. The State Of Bihar

2019-08-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52062 of 2019 Arising Out of PS. Case No.-247 Year-2019 Thana- TURKAULIYA District- East Champaran ====================================================== BACHCHALAL YADAV Son of Kapildev Ray Resident of Village - Laxmipur Gadariya, P.S.- Raghunathpur, District- East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2019 Heard both sides.

The petitioner apprehends his arrest in Turkauliya (Raghunathpur) P.S. Case No.247 of 2019 registered under Sections 413, 414 and 34 of the Indian Penal Code. The informant alleged that he got secret information that petitioner(Bachchalal Yadav) and co-accused, Rupesh Kumar were talking with some purchasers to sell stolen motorcycle and Bolero Jeep in front of his house and on such, a raid was conducted. Seeing the police, accused persons started fleeing away. On chase, Sonu Yadav and Raushan Sahani were arrested who disclosed the name of the petitioner and others. The master key was also recovered from the possession of Sonu Yadav. In front of the house of the petitioner, motorcycle and

Patna High Court CR. MISC. No.52062 of 2019(2) dt.22-08-2019 2/2 Bolero Jeep, which are the subject matter of theft of Chhauradano P.S. Case No.104 of 2019 and Banjariya P.S. Case No.246 of 2019, were recovered.

It is submitted that nothing has been recovered from the conscious possession of the petitioner but the facts reveal that stolen motorcycle and Jeep were parked in front of the house of the petitioner and the petitioner was talking to sell them but in the meantime, police came there.

Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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