Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8480 of 2017 Arising Out of PS.Case No. -489 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Ashish Kumar, Son of Shyam Jee Prasad, Resident of Village- Rup Chhap, Police Station- Bishwambharpur, District- Gopalganj. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Javed Aslam For the Opposite Party/s : Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 15-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Section 414 of the Indian Penal Code.

The prosecution story, in brief, is that one motorcycle is said to have been recovered from the possession of the petitioner. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.11.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. He had no knowledge that recovered motorcycle is a stolen property.

Patna High Court Cr.Misc. No.8480 of 2017 (2) dt.15-03-2017 2/2 On behalf of the state, it has been submitted that the petitioner is named in the F.I.R. and was apprehended with a stolen motorcycle.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner 'at this stage'. The same is rejected in Gopalganj P.S. Case No. 489 of 2016, pending in the court of learned C.J.M., Gopalganj.

(Sudhir Singh, J) Amit/- U T