In a writ petition for anticipatory bail, the Patna High Court rejected the application because the place in question belonged to the petitioner, despite his claim of non-residence and lack of knowledge regarding the stolen vehicle.
Application for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14142 of 2022
Arising Out of PS. Case No.-1 Year-2022 Thana- MAHNAR District- Vaishali
======================================================
DINESH SINGH S/o Sikdev Singh Resident of Village- Rupsipur, P.S.Mahnar, District- Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Abhishek Kumar For the Opposite Party/s : Mr.Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
3 10-10-2022
Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Mahnar P.S. Case no. 01 of 2022 instituted for the offence punishable under Sections 414/34 of the Indian Penal Code.
Prosecution case relates to recovery of stolen bolero vehicle from semi-constructed house of the petitioner.
Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The petitioner or his family members were not found residing at the alleged house. Petitioner was not in knowledge about parking of the alleged stolen vehicle in his campus.
Learned APP appearing for the State has opposed the
Patna High Court CR. MISC. No.14142 of 2022(3) dt.10-10-2022 2/2
prayer of bail and submitted that petitioner has one criminal antecedent and during investigation, several witnesses have supported the prosecution case.
Having heard learned counsel for the parties and taking into consideration that place in question belongs to petitioner, I am not inclined to grant bail to the petitioner and, as such, his application for bail is rejected.
(Sunil Kumar Panwar, J)
sushma/-
U
2 issues framed by the court
Whether the petitioner's apprehension of arrest warrants the grant of anticipatory bail in circumstances where he is the owner of the house from which a vehicle was recovered.
Whether the petitioner's criminal antecedent affects the grant of bail despite his claim of innocence.
Dinesh Singh
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
