Bibik Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86183 of 2019 Arising Out of PS. Case No.-459 Year-2019 Thana- SIWAN CITY District- Siwan ====================================================== BIBIK GUPTA Son of Diwesh Gupta Resident of Village- Tekniwas Kachnar, P.S.- Rivilganj, District- Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Sahni For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-01-2020 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Siwan Town PS case no. 459 of 2019 instituted for the offences punishable under Section 379/411 of Indian Penal Code.

The case of the prosecution is that the informant who is an employee of Bandhan Bank had come for a meeting to Bandhan Bank at Babhanauli, PS-Mairwan on 03.08.2019 at about 11.30 am and had parked his motorcycle beneath the Bank premises, whereafter he had gone inside the Bank for attending the meeting, however in the meantime, the guard had come to the informant and reported that some boy was attempting to take away the motorcycle of the informant and then the informant

Patna High Court CR. MISC. No.86183 of 2019(2) dt.14-01-2020 2/2 along with other employees had gone outside and had caught hold of the said miscreant who was trying to open the lock of the motorcycle of the informant with the intention of stealing the motorcycle and upon inquiry, he disclosed his name as Bibik Gupta. The petitioner is thereafter stated to have been handed over to the police along with the master key, he was possessing. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the petitioner is languishing in custody since 03.08.2019.

I have heard the learned counsel for the parties and considering the submissions made by them as also have perused the materials on record and I find that the petitioner was caught red-handed while committing theft of the motorcycle of the informant and moreover, the petitioner appears to be a habitual offender and is having a bad antecedent, inasmuch as he is an accused in 10 other cases, hence I am not inclined to enlarge the petitioner on bail, accordingly, the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T