Vikash Kumar Choudhary @ Vikash ... vs The State Of Bihar
2021 Latest Caselaw 3972 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.15176 of 2021
  Arising Out of PS. Case No.-716 Year-2020 Thana- BHAGALPUR KOTWALI District-
                                       Bhagalpur
======================================================

Vikash Kumar Choudhary @ Vikash Choudhary, aged about 30 years, Male, Son of Madan Choudhary, Resident of Village - Mayaganj mushari Tola, P.S.- Barari, Distt.- Bhagalpur.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s   :       Mr. Ranjan Kumar Jha, Advocate
For the State          :       Ms. Meena Singh, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 05-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

29.07.2021, which was allowed.

3. Heard Mr. Ranjan Kumar Jha, learned counsel for the

petitioner and Ms. Meena Singh, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Kotwali (Tilkamanjhi) PS Case No. 716 of 2020 dated 19.11.2020,

instituted under Sections 379/411 of the Indian Penal Code.

5. As per the informant, his motorcycle was stolen

during night for which the present case has been instituted.

Patna High Court CR. MISC. No.15176 of 2021 dt.05-08-2021

However, it is not against any named person and during

investigation co-accused Chandan Kumar Yadav @ Golu Yadav

was arrested by the police and he disclosed that the stolen

motorcycle was kept by him at the house of the petitioner and

thereafter when the police has gone to the house of the petitioner,

from his courtyard, motorcycle was recovered.

6. Learned counsel for the petitioner submitted that

though from the circumstances, it appears that there is recovery of

stolen motorcycle from the courtyard of the petitioner but from the

seizure list, there being no signature of any inmate of the house,

raises serious doubts with regard to authenticity of the allegation

of such recovery from the house of the petitioner. It was submitted

that only the said co-accused Chandan Kumar Yadav @ Golu

Yadav has signed on the seizure list. He submitted that the

petitioner has got no other criminal antecedent.

7. Learned APP submitted that during investigation,

from the CCTV footage two miscreants were seen committing

theft and one has been identified as Chandan Kumar Yadav @

Golu Yadav by the local person Sonu Kumar and he was

apprehended. Learned counsel submitted that once the co-accused

had gone with the police and recovery has been made and he has

signed on the seizure list, the requirement of any other signature of Patna High Court CR. MISC. No.15176 of 2021 dt.05-08-2021

the inmates of the house cannot be fatal to the prosecution and all

such matters are to be left at the stage of trial where evidence

would be adduced by the respective parties, but for the present,

there is strong presumption of guilt and involvement of the

petitioner in committing the crime.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, the Court

finds substance in the contention of learned APP. Thus, the Court

is not inclined to grant pre-arrest bail to the petitioner.

9. Accordingly, the petition stands dismissed.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T