Md. Soybur @ Saibur @ Saibur Rahman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61378 of 2024 Arising Out of PS. Case No.-129 Year-2022 Thana- BAISI District- Purnia ====================================================== 1.
Md. Soybur @ Saibur @ Saibur Rahman S/o Md. Khalil R/o vill - Daulatpur, Baldoria, P.S. - Dalkhola, Distt. - Uttar Dinajpur (W.B) 2.
Md. Tansur @ Tansur Alam S/o Estab Ali R/o vill - Sarsar, Baldoria, P.S. - Dalkhola, Distt. - Uttar Dinajpur (W.B) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nishant Kumar Sinha, Advocate For the State :
Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 13-12-2024 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Baisi P.S. Case No. 129 of 2022 for the offence under Sections 411, 413, 414 and 34 of the Indian Penal Code lodged on 06.04.2022 by the informant, Dev Kumar Yadav.
3. As per the prosecution story, the informant alleged that while patrolling, got secret information about accused dealing with the sale of motorcycle. Accordingly, went to the place caught hold of them and after enquiry they accepted the crime and also said that through Md. Soyabur and Md. Tansur (the petitioner herein) they sold fifteen to sixteen stolen motorcycles. This led to the F.I.R.
Patna High Court CR. MISC. No.61378 of 2024(2) dt.13-12-2024 2/2
4. Though, learned counsel for the petitioners tried to impress upon this Court regarding the innocence, learned APP has pointed out that they are named in the F.I.R., it was lodged on 06.04.2022, two and half years later, this petition.
5. Taking into account the submissions put forward by the parties as also the facts on record that the petitioners are named in the F.I.R., still they delayed coming to this Court, in that background, this Court is not inclined to extend them relief.
6. Accordingly, the anticipatory bail application stands rejected.
7. However, if the petitioner surrenders within a period of four weeks and seek bail, the court concerned shall take up the matter and dispose it of preferably on the same day. (Rajiv Roy, J) vinayak/- U T