Parwej Mian @ Md. Parwez Usmani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50164 of 2015 Arising Out of PS. Case No. -96 Year- 2015 Thana -BARAULI District- GOPALGANJ ====================================================== Parwej Mian @ Md. Parwez Usmani, S/o Mustafa Mian, resident of Village- Hathua Dakhin Tola, P.S. Hathua, Distt. - Gopalganj. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sunil Kumar, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, (App) ======================================================

CORAM:

HONOURABLE MR.

JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER 18-12-2015 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under Sections 414/34 of the Indian Penal Code.

As per the prosecution case, the stolen motorcycle has been recovered from the house of one Lal Babu Prasad. The petitioner's name figured in the confessional statement of Lal Babu Prasad.

Learned counsel for the petitioner submits that the motorcycle was not recovered from the house of the petitioner, rather the same has been recovered from the house of Lal Babu Prasad, which is situated in different village. In my view, the ground taken by the petitioner would be a good ground for regular bail.

In the circumstances, the prayer for grant of

Patna High Court Cr.Misc. No.50164 of 2015 (3) dt.18-12-2015 2 / 2 anticipatory bail is rejected. The petitioner should surrender before the court below (Judicial Magistrate, 1st Class, Gopalganj) and pray for regular bail, which would be disposed of on its own merit preferably on the same day.

(Samarendra Pratap Singh, J.) Uday/- U T