Hemant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14729 of 2021 Arising Out of PS. Case No.-125 Year-2020 Thana- CIVIL LINE District- Gaya ====================================================== HEMANT KUMAR S/o Umesh Sharma Resident of Ward No. 12, Narayan Kothi, Ramdhanpur, New Godown, P.S.- Kotwali, District- Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Virendra Prasad For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-02-2022 This matter has been taken up for hearing online because of COVID-19 pandemic restrictions.
Heard learned counsel for the petitioner and learned APP for the State.
Learned counsel for the petitioner is expected to honour his undertaking to remove the defects as pointed out by the office when called upon to do so by the office. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Civil Line P.S. Case no. 125 of 2020 instituted for the offence punishable under Section 381 of the Indian Penal Code. As per allegation in the FIR, petitioner was driver of the cash van and he has stolen one bag containing Rs. 15,48,599/- and locker was broken from the said van. Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.14729 of 2021(3) dt.02-02-2022 2/2 has submitted that petitioner is innocent and has been falsely implicated in this case. He has got no criminal antecedent. There is no eye witness of the present occurrence. With a view to tarnish the image of the petitioner, gun-man and custodian of locker of the van have dragged the name of the petitioner. Learned APP appearing for the State has opposed the prayer of bail.
Having heard learned counsel for the parties and taking into consideration that petitioner has broken the cash van locker and taken away the huge amount of Rs. 15,48,599/- 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 T