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Patna High CourtCR. MISC./63525/2019bail rejected

Md. Parwej @ Md. Parwej Alam v. The State Of Bihar

2019-12-03Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63525 of 2019 Arising Out of PS. Case No.-194 Year-2016 Thana- BIRPUR District- Supaul ====================================================== Md. Parwej @ Md. Parwej Alam Son of Sheikh Sakil Ahmad Resident of Village - Rampur, P.S.- Forbesganj, Distt.- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-12-2019 This is an application of anticipatory bail in connection with Birpur P.S. Case No. 194 of 2016, disclosing offences under Section 379 of the Indian Penal Code. As per the first information report, the allegation against the petitioner is of theft of motorcycle of the informant. Petitioner was not named in the F.I.R. his name transpired on the basis of confessional statement of the co-accused. Apart from that he is accused in two other cases also. Submission of the learned counsel for the petitioner is that except confessional statement there is nothing against the petitioner and there is no recovery from his possession, rather the motorcycle was recovered from the premises of Lalitgram. Heard learned A.P.P. who opposed the prayer for anticipatory bail.

Patna High Court CR. MISC. No.63525 of 2019(3) dt.03-12-2019 2/2 Having heard both sides, in view of the allegations and antecedent of the petitioner, I am not inclined to grant privilege of anticipatory bail of the petitioner. However, he has to surrender and pray for regular bail, the same shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) Rahul Mishra/- U T