Dismissed

Kanchan Ray v. the State of Bihar

Patna HC13 May 2022CR. MISC./19392/2021

Case brief

AI extract

What is this about?

The Patna High Court refused anticipatory bail to the petitioner in a case involving offences under Sections 414 and 34 of the IPC, citing the recovery of multiple stolen motorcycles from accused houses and the petitioner's prior criminal antecedents as insufficient grounds for relief.

What did the court decide?

Prayer for anticipatory bail rejected; petitioner allowed to surrender and apply for regular bail thereafter.

Kanchan Ray Vs the State of Bihar — Cheating and Forgery | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA

¶2

CRIMINAL MISCELLANEOUS No.19392 of 2021

¶3

Arising Out of PS. Case No.-63 Year-2020 Thana- RAGHOPUR District- Vaishali

¶4

======================================================

¶5

KANCHAN RAY Son of Ishwar Ray @ Ramishwar Ray Resident of VillageJafrabad Dih P.S.-Rustampur O.P., District-Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s

¶10

====================================================== Appearance : For the Petitioner/s : Mr.Vijay Kumar Sinha For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

¶11

3 13-05-2022 Heard the learned counsel for the petitioner and the

¶12

learned APP for the State.

¶13

The petitioner seeks bail in anticipation of his arrest in connection with Raghopur (Rustampur O.P.) P.S. Case No. 63 of 2020 instituted for the offences under Sections 414 and 34 of the Indian Penal Code.

¶14

From near the house of the petitioner, four stolen motorcycles are said to have been recovered.

¶15

The learned counsel for the petitioner has submitted that the place from where the recovery has been made does not

¶16

Patna High Court CR. MISC. No.19392 of 2021(3) dt.13-05-2022 2/3

¶17

belong to him and he has no concern whatsoever with such stolen motorcycles. It has further been submitted that the accusation against the petitioner is based on suspicion only without there being any connecting material to support the same.

¶18

However, on perusal of record, it appears that several motorcycles were recovered from near the houses of many of the accused persons. All these motorcycles appear to the investigator to be stolen motorcycles.

¶19

Considering such large number of motorcycles having been recovered from near the houses of accused persons, I am not inclined to grant anticipatory bail to the petitioner.

¶20

The petitioner, though had stated in the paragraph -3 of the bail petition that he has no criminal antecedent but later he has filed supplementary affidavit bringing on record the fact that earlier he was made accused in a case of Excises Act, in which he has been granted bail.

¶21

Nonetheless as noted above, considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner.

¶22

The prayer for anticipatory bail is rejected.

¶23

However, if the petitioner surrenders before the court

¶24

Patna High Court CR. MISC. No.19392 of 2021(3) dt.13-05-2022 3/3

¶25

below and seeks bail, all such grounds in his favour shall be looked into without being prejudiced by the fact that the present petition on his behalf has not been entertained.

¶26

(Ashutosh Kumar, J)

¶27

sunilkumar/-

¶28

U T

Kanchan Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Kanchan Ray v. the State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mogal Ram Vs The State of Bihar

Shashi Bhushan Singh Vs The State of Bihar

Umesh Bind Vs The State of Bihar

Rudal Kumar Rai Vs The State of Bihar

Kishori Yadav Vs The State of Bihar

Md. Hasmuddin @ Md. Hasamuddin Vs the State of Bihar