Prakash Kushwaha @ Prakash Kumar @ Prakash Upadhyay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53953 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- MAHARAJGANJ District- Siwan ====================================================== PRAKASH KUSHWAHA @ PRAKASH KUMAR @ PRAKASH UPADHYAY Son of Krishna Kushwaha @ Krishnajee Upadhyay Resident of Village - Mardanpur, P.S.- Daraunda, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Harendra Prasad For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Maharajganj P.S. Case No. 190 of 2018 registered for the offences punishable under Sections 413, 414 and 34 of the Indian Penal Code.

Prosecution case is that police raided the house of the petitioner, from where one motorcycle was recovered and petitioner failed to produce any paper.

Submission of learned counsel for the petitioner is that there is no material to show that the motorcycle is stolen one, as such no case under Section 414 IPC is made out against him and investigation is going on and petitioner has no criminal antecedent.

Heard learned APP, who has opposed the prayer for

Patna High Court CR. MISC. No.53953 of 2019(2) dt.28-08-2019 2/2 anticipatory bail stating that there is prima facie case against the petitioner.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T