Kalam @ Md Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60700 of 2019 Arising Out of PS. Case No.-243 Year-2018 Thana- BAHADURGANJ District- Kishanganj ====================================================== KALAM @ MD KALAM Son of Late Lal Miya Resident of Village- Tulsia Gadhi Basti, P.S.- Dighalbank, District- Kishangaj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bahadurganj P.S. Case No. 243 of 2018 registered for the offence punishable under Section 379 of the Indian Penal Code.

Prosecution case is of committing theft of motorcycle and petitioner is not named in the FIR but later on in the confessional statement of co-accused he has been made accused in this case and apart from that he has two other cases also in the same nature.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and he has falsely been implicated in this case. Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner.

Patna High Court CR. MISC. No.60700 of 2019(2) dt.24-09-2019 2/2 In view of allegation as well as criminal antecedents, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on the basis of materials available on the record, without being prejudiced by this order. With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T