IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3336 of 2025 Arising Out of PS. Case No.-166 Year-2024 Thana- NOWKOTHI GARHPURA District- Begusarai ====================================================== Shivam kumar @ Golu Kumar S/o Pramod Sahni R/o vill- Bakhri, Ward No- 27, P.S- Bakhri, Dist- Begusarai, At present R/o vill - Nawkothi, ward no. 5, P.S.- Nawkothi, Distt.- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nakul Kumar Jamuar, Adv. For the Opposite Party/s : Mr. Arvind Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 2 15-02-2025 Heard the learned Advocate for the petitioner and the learned APP for the State. 2. The petitioner apprehends his arrest in connection with Nawkothi P.S. Case No. 166 of 2024, registered for the offences punishable under Sections 61(2), 317(4), 317(5), 336(3) and 340(2) of the Bharitya Nagrik Sanhita (BNS). 3. The police in course of investigation came to know that the petitioner is indulged in commission of theft of e- rickshaw. On such information, the police conducted raid and recovered one e-rickshaw, which is said to be a stolen property and subject matter of Bakhtiyarpur (Patna) P.S. Case No. 42 of 2024. 4. Learned Advocate for the petitioner contended that the entire search and seizure is quite doubtful for the simple Patna High Court CR. MISC. No.3336 of 2025(2) dt.15-02-2025 2/3 reason that had the search and recovery been made from the house of the petitioner, there would have been signature of any of the family members, but the same is not present in the seizure memo. It is further contended that the name of the petitioner has been implicated in this case only on account of one past criminal antecedent. There are various other infirmities in the search and seizure and the petitioner used to live at New Delhi for his livelihood. 5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that the stolen e-rickshaw was recovered from the house of the petitioner. 6. Considering the submissions advanced on behalf of the parties and taking note of the recovery of stolen e- rickshaw from the house of the petitioner, which was the subject matter of Bakhtiyarpur (Patna) P.S. Case No. 42 of 2024 apart from one criminal antecedent, this Court is not acceded to the prayer for anticipatory bail of the petitioner. However, if the petitioner surrenders before the learned jurisdictional Court, within a period of six weeks’ from today, the learned jurisdictional Court shall consider the prayer of the petitioner on its own merit, without being prejudice by the order Patna High Court CR. MISC. No.3336 of 2025(2) dt.15-02-2025 3/3 of this Court, expeditiously. 7. Accordingly, the bail application stands rejected. shivank/- (Harish Kumar, J) U T