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Patna High CourtCR. MISC./74516/2018rejected

Bundel Singh @ Dharmendra Kumar Singh v. The State Of Bihar

2019-01-09Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74516 of 2018 Arising Out of PS. Case No.-481 Year-2018 Thana- DEHRI TOWN District- Rohtas ====================================================== Bundel Singh @ Dharmendra Kumar Singh son of Ramchandra Singh, Resident of Village- Bilari, Police Station- Karahgar, District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghunandan Kumar Singh For the Opposite Party/s :

Mr.Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-01-2019 Heard both sides.

The petitioner apprehends his arrest in Dehri (Dalmiyanagar) P.S. Case No.481 of 2018 registered under Sections 400, 401, 411 and 414 of the Indian Penal Code. Learned counsel for the petitioner submits that one Kallu Khan was apprehended and on his confession, the names of different accused persons transpired, who are indulged in committing theft of motorcycles. On the basis of confession of Kallu Khan, one stolen motorcycle is said to be recovered from the house of petitioner Bundel Singh. It is submitted that the seizure list was prepared in presence of constable and not a single villager came forward to put his signature on the seizure list. It is further submitted that the said recovery is transplanted

Patna High Court Cr.Misc. No.74516 of 2018(3) dt.09-01-2019 2/2 and confession is not a legal piece of evidence. From perusal of record, it appears that the police officials have arrested Kallu Khan and on his confession, the stolen motorcycles were recovered. One of the stolen motorcycles was also recovered from the house of petitioner. Having considered the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Harish/- U T