Gopal Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26832 of 2018 Arising Out of PS.Case No. -4 Year- 2018 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Gopal Kumar Choudhary, son of Manoj Kumar Choudhary, resident of Village- Kewta Piparpanti, P.S.- Dalsingsarai, District- Samastipur. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sourendra Pandey For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-07-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Dalsingsarai PS case no. 04 of 2018 instituted for the offence punishable under Sections 379, 414 of Indian Penal Code. The allegation is regarding the petitioner having been caught on the spot by the police and stolen motorcycle was recovered from the petitioner herein.

The learned counsel for the petitioner submits that no FIR has been lodged in connection with theft of the motorcycle recovered from the petitioner, hence the petitioner can be given benefit of doubt. It is further submitted that the petitioner is languishing in custody since 05.01.2018.

Patna High Court Cr.Misc. No.26832 of 2018 (3) dt.09-07-2018 2/2 I have heard the learned counsel for the petitioner and perused the case diary, from which it is apparent that the stolen motorcycle was recovered from the petitioner when he was apprehended by the police and moreover, the petitioner is having a bad antecedent, inasmuch as he is an accused in four other cases. Accordingly, I am not inclined to grant regular bail to the petitioner, hence the prayer for bail of the petitioner is rejected. (Mohit Kumar Shah, J) rinkee/- U T