Md.Noman Alam @ Nouman v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60126 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== MD.NOMAN ALAM @ NOUMAN Son of Md. Yunus Resident of Guna Sameshar, P.S.- Bahadurganj, District- Kishanganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dilip Kumar Singh For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-10-2019 Heard both sides.

The petitioner apprehends his arrest in Bahadurganj P.S. Case No.243 of 2018 registered under Section 379 of the Indian Penal Code.

The informant alleged that he parked his motorcycle near Lohagara Hat and went to purchase tea but when he returned, he did not find his motorcycle.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Nothing has been recovered from possession of the petitioner. It is submitted that the police on mere suspicion arrested the petitioner in another case in which the petitioner is said to have confessed that he used to use stolen parts of the stolen motorcycle. There is no material to show that the petitioner committed theft of the motorcycle of the

Patna High Court CR. MISC. No.60126 of 2019(2) dt.16-10-2019 2/2 present case, but it appears that the petitioner himself confessed his guilt that being the motor mechanic he runs a garage and used the parts of stolen motorcycle. The petitioner has also got criminal antecedent.

Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T