The High Court rejected the petitioner's application for anticipatory bail in a theft case, noting the petitioner had criminal antecedents and that stolen property was recovered from associates, not himself, ordering surrender within three weeks.
Prayer for anticipatory bail rejected; petitioner directed to surrender within three weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.36828 of 2018
Arising Out of PS. Case No.-146 Year-2017 Thana- MATIHANI District- Begusarai
======================================================
Murari Kumar S/o Ram Sanjeevan Singh, resident of Village- Ramdiri, Ram Nagar, Ward No.- 07- Loke Singh Tola P.S. Matihani, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Pramod Kumar Pandey ======================================================
CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER
Heard learned counsel for the petitioner and
learned counsel for the State.
In this case, the petitioner is apprehending his arrest in connection with Matihani P.S. Case No. 146 of 2017 registered for offences under sections 379 of the Indian Penal Code.
From the First Information Report, it appears that the stolen motorcycle was recovered from the possession of the associates of the petitioner and, for that, Cheriabariyarpur P.S. Case No. 133 of 2017 has also been registered under Section 30(a) of the Bihar Excise Act, 2016.
Learned counsel for the petitioner submits that the stolen motorcycle was not recovered from the possession of the petitioner rather from the possession of his associates.
The petitioner has got criminal antecedent.
Patna High Court Cr.Misc. No.36828 of 2018(2) dt.04-07-2018 2/2
Looking to the entire facts and circumstances of the case, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner, above named, is rejected.
If the petitioner surrenders before the court below within a period of three weeks from today and prays for bail, the court below will call for the records of aforesaid Cheriabariyarpur P.S. Case No. 133 of 2017 and will pass orders in accordance with law without being prejudiced by this order.
This application is, accordingly, disposed of.
(Shivaji Pandey, J)
rishi/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest in connection with an offence under Section 379 of the Indian Penal Code.
Murari Kumar
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
