Krishna Kumar @ Krishan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11003 of 2024 Arising Out of PS. Case No.-112 Year-2022 Thana- KALYANPUR District- Samastipur ====================================================== Krishna Kumar @ Krishan Kumar Son of Prahlad Sah @ Pahalad Sah Resident of Village- Kanti Kashwa @ Kanti Kaswa, P.S.- Kanti, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yugal Kishore, Advocate For the Opposite Party/s :

Mr.Md. Anzarul Haque Sahara, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 11-03-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner is apprehending his arrest in connection with Kalyanpur P.S. Case No. 112 of 2022 registered for the offences punishable under Sections 379/34 of the Indian Penal Code.

3. As per prosecution case, 3600 meter electric wire worth Rs. 5,22,000/- was stolen by thieves. It is alleged that on hectic search, co-accused Chandan Kumar and others are said to have been involved in the said occurrence. It is further alleged that Bolero car bearing registration no. BR07 P4590 and Bolero PickUp van bearing registration no. BR06GD8135 were used in the said occurrence.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.11003 of 2024(2) dt.11-03-2024 2/2 petitioner is not named in F.I.R. The name of the petitioner is transpired in this case as an owner of the said Bolero Pick-Up van bearing registration no. BR06GD8135. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Petitioner bears no criminal antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner by submitting that petitioner is the owner of the said Bolero Pick-Up van in question and his vehicle has been involved in the said occurrence as mentioned in impugned order and hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, nature of allegation levelled against the petitioner as well as material available on record, I am not inclined to grant privilege of anticipatory bail to petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is, hereby, rejected. (Alok Kumar Pandey, J) alok/- U T