Sonu Kumar Singh @ Sonu Kumar @ Rishi Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3980 of 2023 Arising Out of PS. Case No.-356 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== SONU KUMAR SINGH @ SONU KUMAR @ RISHI KANT KUMAR Son of Harendra Prasad Singh R/V- Rajkhand P.S- Tajpur, dist- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kripa Nand Jha For the Opposite Party/s :
Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-04-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Tajpur P.S. Case No.356 of 2022, registered for the offence punishable under Sections 414, 419, 420, 467, 468, 34 of the Indian Penal Code.
The allegation against the petitioner is that he is involved in the theft of vehicles alongwith co-accused Prince Kumar and others. Police has also recovered stolen motorcycles from the house of co-accused persons.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and
Patna High Court CR. MISC. No.3980 of 2023(4) dt.06-04-2023 2/2 omnibus in nature. The name of the petitioner transpired in the present case on the basis of confessional statement of apprehended co-accused Prince Kumar. He submits that no independent witness has supported the prosecution case. He further submits that there is no compliance of section 100 of Cr.PC. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner is also involved in the present case. He further submits that in para-21 of the case diary it is stated that two motorcycles has been recovered from the house of the petitioner.
Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.
However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T