Uday Prasad @ Mahatma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12432 of 2023 Arising Out of PS. Case No.-288 Year-2022 Thana- MOTIPUR District- Muzaffarpur ====================================================== UDAY PRASAD @ MAHATMA Son of Sri Vindeshwar Das R/v- Gadh Kharar, P.S.- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-04-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Motipur P.S. Case No.288 of 2022, registered for the offence punishable under Sections 395 of the Indian Penal Code. The prosecution case is that the informant got information that his driver was thrown by miscreants and his pickup van with loaded goods was looted. The driver of the informant disclosed that his pickup van was overtaken by a black colored four wheeler occupied by miscreants, out of them, four caught hold of the driver and muffling out his eyes got him seated in their own vehicle and placed something on his nose as a result of which he lost his senses.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He

Patna High Court CR. MISC. No.12432 of 2023(2) dt.28-04-2023 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is not named in the FIR, his name transpired in the present case on the basis of confessional statement of apprehended co-accused. He further submits that no incriminating article has been recovered from the conscious possession of the petitioner nor he was even put on Test Identification Parade. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T