Shailendra @ Shailendra Kumar @ Shailendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12136 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== SHAILENDRA @ SHAILENDRA KUMAR @ SHAILENDRA YADAV S/o Raj Kishore Yadav R/o Village and P.O.- Mali, P.S.- Beldaur, Distt- Khagaria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr.Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner apprehends his arrest in connection with Beldaur P.S. Case No.37/2022, G.R. No.390/2022, registered for the offence punishable u/s 392 of the IPC.

As per the prosecution case, the petitioner and other accused persons are said to have looted the motorcycle, mobiles, ATM card, one trolley and purse containing Rs.3000/- from the informant on the point of pistol.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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 leveled against the petitioner is not specific rather general and

Patna High Court CR. MISC. No.12136 of 2023(2) dt.27-04-2023 2/2 omnibus in nature. There is no eye-witness to the alleged occurrence and only on disclosure of nearby people, the name of petitioner transpired in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. He has one criminal antecedent.

Learned APP for the State opposed the prayer for bail by submitting that petitioner is a member of the syndicate, who used to loot people.

Having regard to the facts and circumstances of the case and considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is at liberty to surrender before the learned court below within a period of six weeks from today and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T