Shikander Chaudhary @ Shikandar Kumar Chaudhry v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70788 of 2021 Arising Out of PS. Case No.-114 Year-2021 Thana- CHAPRA TOWN District- Saran ====================================================== Shikander Chaudhary @ Shikandar Kumar Chaudhry S/o Mote Chaudhry @ Ram Sahan Chaudhary, resident of Village- Bara Telpa, P.S.- Town Chapra, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishore Singh, Advocate For the Opposite Party/s :
Mr.Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 07-07-2022 This application has been listed under the heading "For Orders".
Registry has pointed out several defects in the present application.
Mr. Nawal Kishor Singh, learned counsel for the petitioner submitted that the defects are mainly because only efiling of the applications are permitted by the Court. He submitted that the defects can be removed only after filing of hard copy is permitted. He undertook that even if the applications are heard and disposed of on merit, in due course of time, when the Court would permit filing of hard copy, the defects pointed out by the registry would be removed. In view of the submissions made by the learned
Patna High Court CR. MISC. No.70788 of 2021(2) dt.07-07-2022 2/2 counsel for the petitioner, with consent of the parties, the application has been taken up for hearing on merit. In the present application preferred under Section 438 of the Code of Criminal Procedure, the petitioner has prayed for grant of pre-arrest bail in connection with Chapra Town P.S. Case No.114 of 2021 registered for the offences punishable under Sections 414, 401/34 of the Indian Penal Code. Considering that the petitioner is one of the named accused in a case registered inter alia under Section 414 of the Indian Penal Code in which eight stolen motorcycles were recovered from the possession of the accused persons, I am not inclined to grant him pre-arrest bail. The application for grant of pre-arrest bail is rejected.
In case the petitioner surrenders and seeks bail, the same shall be considered on its own merit without being prejudiced in any manner by this order.
(Ashwani Kumar Singh, J) kanchan/- U T