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Patna High CourtCR. MISC./31562/2018rejected

Ram Udesh Raut v. The State Of Bihar

2018-07-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31562 of 2018 Arising Out of PS.Case No. -75 Year- 2018 Thana -PUPRI District- SITAMARHI ====================================================== Ram Udesh Raut, S/o Shiv Ratan Raut, Resident of Village- Charaut Western Tola, P.S.- Pupri, Dist.- Sitamarhi.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-07-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Pupri P.S. Case No.75 of 2018 registered for the offences punishable under Section 379 and 411 of the Indian Penal Code. As per allegation, this petitioner was apprehended when he was fleeing away with stolen motorcycle. It has been submitted that the petitioner had taken the said motorcycle as a help from his co-villagers to purchase some medicine from the market and he was apprehended by police merely on suspicion. The petitioner is in custody since 06.03.2018 having clean antecedent.

The learned A.P.P. for the State opposed the

Patna High Court Cr.Misc. No.31562 of 2018 (3) dt.11-07-2018 submission.

From perusal of F.I.R. and case-diary, it appears that the petitioner was apprehended with the motorcycle immediately after commission of theft. The villagers have also supported the allegation of theft by this petitioner. Besides villagers, the owner of the motorcycle has also supported the allegation of theft of his motorcycle by this petitioner. The seizure memo has been prepared in presence of witnesses.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Prayer of bail is accordingly rejected.

(Sanjay Kumar, J) Harish/- U