Patna High CourtCR. MISC./2403/2025bail rejected

Md. Pervez Alam @ Pervez v. The State Of Bihar

2025-02-12Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2403 of 2025 Arising Out of PS. Case No.-369 Year-2023 Thana- KATIHAR NAGAR District- Katihar ====================================================== Md. Pervez Alam @ Pervez S/o Md. Akhtar Ali R/o Village- Hajipur, (Dalan Paschim, Sadak Tola), P.S.- Katihar Muffasil, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kunwar Ajit Singh, Adv.

For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 12-02-2025 Heard Mr. Kunwar Ajit Singh, learned counsel for the petitioner and Mr. Dr. Kumar Uday Pratap, learned APP for the State.

2. The petitioner apprehends his arrest in connection with Katihar Town (Sahayak) P.S. Case No. 369/ 2023 dated 18.05.2023 registered for the offence(s) punishable under Section(s) 461 and 379 of the IPC.

3. As per the prosecution's story, this petitioner committed theft in the house of informant and took away his son's bicycle.

4. The main submissions advanced by the petitioner's counsel are that the petitioner has fair and clean antecedent and the instant matter relates to the theft of informant's bicycle and the petitioner has been falsely roped in the alleged theft due to

Patna High Court CR. MISC. No.2403 of 2025(2) dt.12-02-2025 2/2 enmity and the FIR was registered four days after the commission of the alleged theft.

5. Learned APP appearing for the State has opposed the prayer for bail and submitted that though, the instant matter relates to theft of a bicycle but the informant claimed to have seen the petitioner removing the bicycle after seeing the footage of CCTV of which details has been mentioned in the FIR itself and further, the case is under investigation and the recovery of theft article is to be made.

6. Considering the nature of allegation appearing against this petitioner, as pointed out by the learned APP, this court is not inclined to release the petitioner on anticipatory bail. Accordingly, his prayer stands rejected.

(Shailendra Singh, J) BKS/- U T