Pappu Kumar @ Pappu Bind v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11056 of 2023 Arising Out of PS. Case No.-491 Year-2020 Thana- JAHANABAD District- Jehanabad ====================================================== PAPPU KUMAR @ PAPPU BIND S/O Jitu Bind R/O Village- Jahidpur, P.SBhagwanganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar For the Opposite Party/s :
Mr. Md. Ataur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392 of the Indian Penal Code pending in the learned court below. As per the prosecution case, when informant along with his friends sat in his room, in the meantime, two boys entered into the room and they pointed out pistol upon them and took out mobile phones form the possession of informant, his friends and others fled away from there.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR during the investigation apprehended person disclosed the
Patna High Court CR. MISC. No.11056 of 2023(2) dt.25-04-2023 2/2 name of the petitioner. He submits that the alleged recovery mobile phone from co-acused Vivek Kumar is not the same mobile which is alleged to be looted in the present crime. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.
Per contra, learned APP for the State vehemently opposing the bail application and submitted that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Jehanabad P.S. Case No. 491 of 2020. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T