Patna High CourtCR. MISC./77688/2023dismissed

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

2024-01-10Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77688 of 2023 Arising Out of PS. Case No.-440 Year-2023 Thana- FORBESGANJ District- Araria ====================================================== Tabrej @ Md. Tabrej Alam, Son of Md. Mustkim, Resident of Village- Bhag Kohalia, Ward No- 8, P.S.- Forbesganj, District- Araria ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Kumar Ravish, Advocate For the State :

Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in this case is seeking pre-arrest bail in connection with Forbesganj P.S Case No. 440 of 2023 registered for the offence punishable under Section 379 of the Indian Penal Code. He has no criminal antecedent.

3. As per the prosecution story, the informant alleged that his motorcycle bearing Registration No. BR38F1621 was stolen on 19.05.2023 at around 01:00 P.M. from Jyoti Complex and in the motorcycle storage space, there were some important documents. The said motorcycle was recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. It is submitted that he was not named in the FIR and his name has transpired in

Patna High Court CR. MISC. No.77688 of 2023(2) dt.10-01-2024 2/2 the confessional statement of his brother-in-law.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the fact that the name of the petitioner has transpired in the confessional statement of his brother-in-law which led to recovery of the stolen motorcycle from the house of the petitioner, this Court is not inclined to grant privilege of pre-arrest bail to the petitioner.

7. This application is dismissed.

8. In case, the petitioner surrenders and prays for regular bail within a period of four weeks from today, the same will be considered on its own merit without being prejudiced by the order of this Court.

(Rajeev Ranjan Prasad, J) lekhi/- U T