Sarfaraj @ Sonu @ Sanfaraj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6819 of 2023 Arising Out of PS. Case No.-393 Year-2022 Thana- KISHANGANJ District- Kishanganj ====================================================== Sarfaraj @ Sonu @ Sanfaraj S/O Isruddin R/O Village- Kalugaon, P.S.- Dalkhola, Distt- Uttar Dinajpur (West Bengal). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mohammad Akhter Hussain For the Opposite Party/s :
Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with Kishanganj P.S. Case No. 393 of 2022 registered for the offences punishable under Sections 420, 409, 120B/34of the Indian Penal Code.
As per the prosecution case, all the FIR named accused persons including the petitioner looted cash of Rs. 2.40 crore from the cash van which was supposed to be loaded in the S.B.I. ATM.
Learned counsel for the petitioner submitted that petitioner is not named in the FIR but on the basis of confessional statement of co-accused, the petitioner has made accused in this case. No incriminating material has been
Patna High Court CR. MISC. No.6819 of 2023(2) dt.08-05-2023 2/2 recovered from conscious possession of the petitioner. It is further submitted that petitioner has clean antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for bail.
Considering the nature of offence , It is not a fit case to grant privilege of anticipatory bail to the petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, if petitioner surrenders before the learned court below within a period of six weeks from today, and pray for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner, preferably, on the same day without being prejudiced by this order.
N.K/- (Anjani Kumar Sharan, J) U T