Bhushan Rai @ Bhushan Ray @ Ravibhushan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90351 of 2024 Arising Out of PS. Case No.-102 Year-2024 Thana- KATRA District- Muzaffarpur ====================================================== 1.
BHUSHAN RAI @ BHUSHAN RAY @ RAVIBHUSHAN KUMAR S/O RAMJAPU RAI @ RAMJAPU YADAV R/o vill - Lakhanpur, Tola Purani Gachi, P.S. - Katra, Distt.- Muzaffarpur 2.
Lalit Rai @ Lalit Kumar S/o Ramjapu Rai @ Ramjapu Yadav R/o vill - Lakhanpur, Tola Purani Gachi, P.S. - Katra, Distt.- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Shekhar Anand For the Opposite Party/s :
Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Katra Police Station Case No. 102 of 2024, dated 18.06.2024, disclosing offences punishable under Sections 414/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 17.06.2023, the informant, who is a police officer, on secret information that 2-3 motorcycles were kept in the house of the petitioners, proceeded towards the place of occurrence and found two Glamour motorcycles, parked in the house of the petitioner no. 1, whose engine
Patna High Court CR. MISC. No.90351 of 2024(2) dt.04-02-2025 2/3 number and chassis number were scratched. Two motorcycles were also recovered from the house of petitioner no. 2, out of which the engine number and chassis number of one of the motorcycle was scratched and the registration number of another motorcycle was BR 07X-6374, having chassis no.
MD2A11CZ9GRA46298 and engine no.
DHZRGA46593.
4. Learned Counsel for the petitioners submits that the petitioners have falsely been implicated in this case at the behest of their co-sharers. He further submits that the petitioner no. 1 had purchased one of the motorcycles, bearing registration no. BR 07X-6374, from the owner of the said motorcycle, namely, Rahul Kumar, for which a sale deed was executed by Rahul Kumar on 20.12.2019. Another motorcycle, bearing registration no. BR 07E0554 was also purchased by petitioner no. 2 from one Dhruv Kumar on the basis of sale deed, dated 14.12.2017.He further submits that two other motorcycles which were recovered are very old and thus, no paper could be presented by the petitioners and their engine numbers and chassis numbers got erased due to the
Patna High Court CR. MISC. No.90351 of 2024(2) dt.04-02-2025 3/3 motorcycles having been parked outside the house and passage of time.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that stolen motorcycles have been recovered from the possession of the petitioners and he petitioners failed to produce any cogent materials/documents in support of their contention, being the owners of the motorcycles, I am not inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √