Piyush Kumar @ Sanni Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9990 of 2023 Arising Out of PS. Case No.-435 Year-2022 Thana- DELHA District- Gaya ====================================================== PIYUSH KUMAR @ SANNI KUMAR Son of Pawan Kumar Verma R/VBahuar Chaura Tilha, Dharamshala, P.S- Vishnupad, Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satish Kumar Sinha For the Opposite Party/s :
Mr. Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-04-2023 Heard the parties.
The petitioner apprehend his arrest in connection with Delha P.S. Case No.435 of 2022, registered for the offence punishable under Section 392 of the Indian Penal Code. As per the FIR, the petitioner alongwith other co-accused persons robbed potato laden pick-up van, which was revealed by the CCTV footage. Co-accused namely, Raghu was arrested and police has also recovered stolen articles.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He 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. He submits that the informant lodged the
Patna High Court CR. MISC. No.9990 of 2023(2) dt.20-04-2023 2/2 present case against Sanni, Ankit and Raghu without stating their parents name or address, during the investigation the police implicated the petitioner in the present case by adding Sunny alias name with his name. He further submits that the petitioner is a student and he has also enclosed his education certificates as Annexure-2 and 3 series of the bail application. 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, considering the fact that one of the co-accused has been granted regular bail by the Court below itself.
Accordingly, this application is disposed of. (Anjani Kumar Sharan, J) shikha/- U T