Patna High CourtCR. MISC./12910/2015rejected

Md. Sonu @ Md. Sajim v. The State Of Bihar

2015-07-02Mr. Justice Samarendra Pratap Singh2 pages

Patna High Court Cr.Misc. No.12910 of 2015 (3) dt.02-07-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12910 of 2015 Arising Out of PS.Case No. -114 Year- 2014 Thana -TARAPUR District- MUNGER ======================================================

1. Md. Sonu @ Md. Sajim S/o Md. Saffi Alam Resident of Village - Mubarak Chack, P.S. - Muffasil, Distt. - Munger.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Kamal Nayan For the Opposite Party/s : Mr. U.S.P Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 02-07-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under section 379 of the Indian Penal Code.

It is alleged that Hero Splendor Motorcycle was stolen from the house of the informant's driver in the night of 9.10.2014. However, during the course of investigation one oil tank, one front mud-guard, one back mud-guard, one head light and two panels of the motor cycle was recovered from the house of the petitioner. It further appears from perusal of paragraph 50 of the case diary that the Investigating Officer found a petrol tank of Motor cycle bearing registration No.BR-10R-155 which is said to have been stolen in the alleged night of occurrence. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and it cannot be said with

Patna High Court Cr.Misc. No.12910 of 2015 (3) dt.02-07-2015 certainty that the seized articles belongs to the same motor cycle. Having considered the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail of the petitioner is rejected. However, in case the petitioner surrenders and pray for regular bail, the same would be considered on its own merit without prejudice. (Samarendra Pratap Singh, J) KHAN/- U