Sanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53231 of 2016 Arising Out of PS.Case No. -298 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ====================================================== Sanjay Kumar S/o Late Dhaneshwar Poddar, Resident of Village- Papraur, P.S.- Zero Mile (Barauni), District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Begusarai Town P.S. Case No. 298 of 2016 registered under Sections 379 and 414/34 of the I.P.C. pending in the Court of C.J.M., Begusarai.

The accusation is that the Police on receiving the secret information about keeping stolen motorcycle, raided at the house of Sintu Kumar and recovered the stolen motorcycle and on the confessional statement, the Police Personnel also reached at the door of the petitioner, fromwhere two motorcycles; one Bajaj Discover and another Passion were recovered. In that course, Sintu Kumar and Mritunjai Kumar were apprehended, who disclosed

Patna High Court Cr.Misc. No.53231 of 2016 (2) dt.08-12-2016 2/2 that the motorcycle was stolen by Banti Poddhar, which was kept for selling and this petitioner put his signature as witness to the seizure list.

Learned counsel appearing on behalf of the petitioner submits that in fact, out of two motorcycles, which is said to be recovered from the door of the petitioner, one passion motorcycle belongs to this petitioner and petitioner has no knowledge about the other motorcycle.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected. However, the petitioner is directed to surrender before the Trial Court and seek Regular Bail, which shall be considered without being prejudiced by this order on merit.

(Rajendra Kumar Mishra, J) Shail/- U T