Matlu Singh @ Saurabh Kumar @ Matlu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63225 of 2022 Arising Out of PS. Case No.-490 Year-2022 Thana- SHEKHPURA District- Sheikhpura ====================================================== MATLU SINGH @ SAURABH KUMAR @ MATLU KUMAR S/o Rambharosa Singh @ Bharosha Singh R/o Village- Kaithawan, P.S.- Sheikhpura (Sirari O.P.), Distt- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinkar Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Sheikhpura (Sirari O.P.) P.S. Case No.490/2022, registered for the offence punishable u/s 379, 414 of the IPC. Allegedly, the petitioner is said to have parked a motorcycle at his door but did not come back to take it. Thereafter, informant got to know that the same is a stolen motorcycle and accordingly, he informed the police officials. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to ulterior motive. It is submitted that the informant had some grudge against the

Patna High Court CR. MISC. No.63225 of 2022(2) dt.12-01-2023 2/2 petitioner and hence he implicated the petitioner to save his skin from stolen motorcycle, which was seized in front of the house of informant. Petitioner was neither apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. Petitioner is not the owner of the said motorcycle. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail and submits that the said motorcycle was parked in front of the house of informant by the petitioner and when after several days, he did not come to take it back, the informant gave information to police. After enquiry, it was found that the said motorcycle was stolen one.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

(Anjani Kumar Sharan, J) pallavi/- U T