Chandan Kumar @ Chunna Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6566 of 2023 Arising Out of PS. Case No.-183 Year-2021 Thana- BIHARIGANJ District- Madhepura ====================================================== Chandan Kumar @ Chunna Kumar Son Of Suresh Mehta @ Ramesh Mehta R/V- Kumarpur, Ward No. 01, (04), P.S.- Bihariganj, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Pronoti Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-04-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 363, 364(A), 34 of the Indian Penal Code.
Petitioner is said to have kidnapped the son of the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the informant is not the eye witness to the alleged occurrence. He submits that the FIR has been lodged particularly against the petitioner only on the basis of suspicion. He further submits that petitioner has two criminal antecedent as stated in para-3 of this application.
Learned APP for the State opposes the prayer for
Patna High Court CR. MISC. No.6566 of 2023(2) dt.11-04-2023 2/2 bail and submits that the victim is still traceless. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bihariganj P.S. Case No. 183 of 2021. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T