Ramayan Ram v. The State Of Bihar

Patna High Court Cr.Misc. No.39802 of 2017 (2) dt.15-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39802 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ramayan Ram, S/o Chhedi Ram, R/o Village- Kohara Bengahi, P.S.- Srinagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 15-09-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Yogapatti (Sanichari) P.S. Case No. 127 of 2017, registered under Sections 413 and 414 of the Indian Penal Code, pending in the court of Additional Chief Judicial Magistrate-II, Bettiah, West Champaran.

The accusation is that, on receiving the secret information about the person of suspicion condition with a motorcycle, the informant being the Officer-in-Charge of Shanichair Police Station, reached there and apprehended one person with motorcycle, who disclosed his name as Dinesh Yadav and confessed that the motorcycle is theft and he also disclosed the name of Nand Lal Choudhary as his associates indulged in the

Patna High Court Cr.Misc. No.39802 of 2017 (2) dt.15-09-2017 theft of the motorcycle. When Nand Lal Choudhary was apprehended, he disclosed about selling of two theft motorcycles, out of which, one to this petitioner and other to another person. Thereafter, on search of the house of the petitioner, one stolen motorcycle was recovered.

Learned counsel for the petitioner submits that the stolen motorcycle was recovered from the joint house of the family of the petitioner and the petitioner had no knowledge that the seized motorcycle is theft as the same was kept in his house by one Vijay Ram, cousin of the petitioner. Further submission is that petitioner has no criminal antecedent.

Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trial court within four weeks and pray for regular bail, which would be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

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