Kushesar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69771 of 2018 Arising Out of PS. Case No.-279 Year-2015 Thana- MOTIPUR District- Muzaffarpur ====================================================== Kushesar Rai, Son of Hari Narayan Ray, Resident of Village-Rasulpur Juneda, Police Station-Motihpur, Distt.-Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code.

The prosecution case as per the written report of Amit Kumar, S.I. of Motipur P.S. is to the effect that, on 06.10.2015 at 06.00 A.M., the informant received a secret information that a gang of thieves are selling stolen motorcycle whereupon the raid was laid, on seeing the police force eight persons sitting on four motorcycles started escaping from the scene. However one Suman Kumar and Rajan Kumar were apprehended, who disclosed the name of the petitioner. It is further submitted that there is no recovery from the petitioner.

It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.69771 of 2018(2) dt.04-12-2018 2/2 there is no recovery from the petitioner and the name of the petitioner surfaced on the basis of confession of apprehended co-accused persons.

Since the case was registered in 2015 and the impugned order suggest that the petitioner has preferred the anticipatory bail application in the year 2018, i.e. after three years of lodging of the FIR. This court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, let the learned Court below consider the prayer for bail of the petitioner, if he surrenders within a period of six weeks, in connection with Motipur P.S. Case No. 279 of 2015, pending in the Court of learned S.D.J.M. (West), Muzaffarpur, keeping in view the fact that no recovery of stolen motorcycle has been made from the petitioner and the name of the petitioner sprang up on the statement of co-accused.

Accordingly, the present application is disposed off. (Dinesh Kumar Singh, J) Deepak/Rahul/- U