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Patna High CourtCR. MISC./48685/2018rejected

Vicky Kumar v. The State Of Bihar

2018-08-07Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48685 of 2018 Arising Out of PS. Case No.-56 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== Vicky Kumar, S/o Raj Kumar Singh, Resident of Village- Chaknasir, Police Station- Patepur, District- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dharmesh Kumar For the Opposite Party/s :

Mr. Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-08-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Patepur P.S.Case No. 56 of 2018 registered under Sections 414/34 of the Indian penal Code. Allegation in brief is that the petitioner and one another Sakinder Kumar Sahni were apprehended by the police and on their disclosure, 06 stolen motorcycles were recovered from the different places.

Submission is that recovery of stolen motorcycles is not from the conscious possession of the petitioner, as the allegation itself discloses that the petitioner, after parking the motorcycle, made an attempt to flee away, however, motorcycles were purchased by these persons from one Jitendra Choudhary and petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.48685 of 2018(2) dt.07-08-2018 2/2 Whereas learned counsel for the State submits that petitioner along with one another were apprehended with stolen motorcycles and on their disclosure, 06 other stolen motorcycles were recovered showing their involvement in the organized crime of committing theft.

Having considered the aforesaid facts and circumstances, in particular, recovery of stolen motorcycles and leading to statement of the petitioner recovery of number of motorcycles, the Court is not persuaded to grant bail to the petitoner. Accordingly, prayer of bail of the petitioner is rejected. (Arun Kumar, J) sujit/- U T