Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7845 of 2020 Arising Out of PS. Case No.-452 Year-2019 Thana- SARAIYA District- Muzaffarpur ====================================================== AMIT KUMAR S/o Rana Pratap Singh R/o village- Hariharpur, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Madhusudan Kumar, Adv.
For the Opposite Party/s :
Mrs.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2022 Heard the parties through virtual Court proceedings. Petitioner apprehends his arrest in connection with Saraiya P.S. Case No.452/2019, corresponding to G.R. No.2287/2019, registered for the offence u/s 392 of the IPC. The prosecution case is that three persons riding on a motorcycle came armed with pistol and looted Rs.81,600/- and a mobile phone from the informant and fled away. Learned counsel for the petitioner submits that petitioner is quite innocent and has not committed any offence as alleged in the FIR. No such occurrence as alleged has ever taken place. Petitioner has been falsely implicated in this case merely on suspicion and is not named in the FIR. He has neither been apprehended on the spot nor any incriminating article has been recovered from his conscious physical possession. There is no
Patna High Court CR. MISC. No.7845 of 2020(3) dt.31-01-2022 2/2 eye-witness to the alleged occurrence. Petitioner has one criminal antecedent, as also mentioned in para-3 of the bail application.
Learned APP for the State opposed the prayer for anticipatory bail.
Considering the aforesaid facts and circumstances, since petitioner has a criminal antecedent of similar nature, I am not inclined to grant the privilege of anticipatory bail to the petitioner named above.
Accordingly, the instant anticipatory bail application is dismissed.
(Anjani Kumar Sharan, J) pallavi/- U T