Md. Farukh @ Umar Faruk @ Md. Faruk v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72790 of 2024 Arising Out of PS. Case No.-213 Year-2022 Thana- RAGHOPUR District- Supaul ====================================================== Md. Farukh @ Umar Faruk @ Md. Faruk Son of Israel Resident of village - Madhura, Police Station - Narpatganj, Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arun .
For the Opposite Party/s :
Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Raghopur Police Station Case No. 213 of 2022, dated 21.05.2022, disclosing offences punishable under Section 379 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that the motorcycle of the petitioner was stolen by unknown thief on 20.05.2022 at about 5 PM from Gol Bazar area while the informant was engaged in purchasing some articles.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the First Information
Patna High Court CR. MISC. No.72790 of 2024(2) dt.12-11-2024 2/2 Report has been lodged against unknown and the name of the petitioner surfaced in this case on the basis of confessional statement of co-accused persons, namely, Tamanna and Md. Rabin as the person who has purchased the stolen motorcycle and on the basis of the confessional statement of the co-accused persons, the stolen motorcycle of the informant was recovered from the shop of the petitioner. He further submits hat the petitioner is the bona fide purchaser of the motorcycle, in question.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has criminal antecedents of similar nature of offence and the confessional statements of co-accused persons led to the recovery of the stolen motorcycle of the informant from the shop of the petitioner, I am not inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √