Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90219 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- Bhelahi District- East Champaran ====================================================== Manish Kumar S/o- Bhimsari Rai @ Bindeshwari Rai Village- Pipriya Anand Sagar PS- Belahi District-East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey For the Opposite Party/s :

Mr. Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 29-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Bhelahi Police Station Case No. 23 of 2024, disclosing offences under Sections 317(2), 317(4), 317(5), 111(2)(b) of the BNS, 2023.

3. As per F.I.R, informant got secret information that petitioner along with other accused persons have kept stolen motorcycles in godown of uncle of Pawan Kumar namely Channalal Rai and upon such information, raided the godown along with other police officials where they recovered stolen motorcycles which were kept by the accused persons. Two other stolen motorcycles were also recovered from the cow-shed of co-accused Ranjan Kumar. It has been alleged that petitioner and other accused fled on the another motorcycles and were

Patna High Court CR. MISC. No.90219 of 2024(2) dt.29-01-2025 2/2 identified by the villagers.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case on the basis of suspicion and secret information. Petitioner was not present at the place of occurrence and nothing has been recovered from the conscious possession of the petitioner. None of the place from where the motorcycles have been recovered belongs to the petitioner. Petitioner has falsely been implicated merely because he happens to be the cousin of accused Pawan Kumar.

5. I have heard the parties and have gone through the material on record including the impugned order. At the time of raid and recovery of stolen motorcycles, the petitioner and coaccused persons fled away and were identified by the villagers. Learned Sessions Judge has taken note of the fact that the petitioner and others are members of organized gang, accordingly, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T