Guddu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73095 of 2019 Arising Out of PS. Case No.-253 Year-2019 Thana- HARNAUT District- Nalanda ====================================================== Guddu Kumar S/o Devendra Yadav @ Daha Resident of Village - Barah Sirshi, P.S.- Harnaut, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ganesh Sharma, Advocate For the Opposite Party/s :

Mr.Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 25-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of bail in connection with Harnaut P.S. Case No. 253 of 2019 registered for the offence under sections 392 and 411 of the Indian Penal Code.

As per the allegation in the FIR, the motorcycle of the informant was forcibly taken away by the accused persons. It is further stated in the FIR that in course of search, information was received that two persons were caught with a stolen motorcycle. From conjoint reading of the FIR together with the order of the learned Additional Sessions Judge, it transpires that on reaching the place of occurrence, the informant identified his motorcycle as also identified the petitioner amongst the person

Patna High Court CR. MISC. No.73095 of 2019(2) dt.25-11-2019 2/2 who had looted his motorcycle.

It is submitted by learned counsel for the petitioner that the stolen motorcycle has not been recovered from his possession, the same has been recovered from the side of the road, he has falsely been implicated in this case and is in custody since 29.08.2019.

The application for bail has been opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the fact of recovery of motorcycle together with the informant having identified the petitioner, the Court is not inclined to enlarge the petitioner on bail and as such his application for bail is rejected.

However, the learned court below is directed to expedite the trial.

(Partha Sarthy, J) Prakash/- U