Harendra Rai And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29611 of 2014 Arising Out of PS.Case No. -36 Year- 2012 Thana -SAHAR District- BHOJPUR ======================================================

1. Harendra Rai Son of Laxman Rai

2. Nagendra Rai Son of Laxman Rai Both Resident of Village - Itour, P.S.- Charpokhari, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Madan Jeet Kumar For the Opposite Party/s : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 13-01-2015 Heard the parties.

This is an application for anticipatory bail for the offence punishable under section 379 of the I.P.C.

Allegedly the motorcycle of the informant was stolen away and during investigation the said motorcycle was recovered from the door of the petitioners.

Submission is that the motorcycle which was recovered was kept in front of house of the petitioners. The petitioners have got no knowledge about the said motorcycle and as such they deserve sympathetic consideration to which the learned A.P.P. opposes.

As the said motorcycle was recovered from the door of the petitioners and as such it is not a fit case for pre-arrest bail and accordingly prayer for pre-arrest bail of the petitioners stands rejected in connection with Sahar P.S. Case No. 36 of 2012 pending in the court of C.J.M. Arrah, Bhojpur.

(Jitendra Mohan Sharma, J) Abhay/- U T