Patna High CourtCR. MISC./12220/2023dismissed

Madan Kumar v. The State Of Bihar

2023-04-27Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12220 of 2023 Arising Out of PS. Case No.-511 Year-2022 Thana- LAHERIMUHALLA District- Nalanda ====================================================== Madan Kumar S/O Satendra Singh @ Sacho Singh Resident Of VillageDeodha, P.S.- Deepnagar, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Babu Singh For the Opposite Party/s :

Mr.Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Laheri P.S. Case No. 511 of 2022 registered for the offences punishable under Sections 365, 34, 342, 386, 387 and, 120(B) of the Indian Penal Code pending in the Court of learned Judicial Magistrate, Bihar Sharif, Nalanda.

As per the prosecution case, allegation against the petitioner is that he along with other co-accused kidnapped Surya Bhushan.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.12220 of 2023(2) dt.27-04-2023 2/2 He submits that the petitioner has been made accused in the present case on the basis of confessional statement of the coaccused. The petitioner has no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case and the victim in his statement under Section 164 of the Cr.P.C., has supported the prosecution case. Hence, he does not deserve privilege of anticipatory bail. Considering the facts and circumstances of case and the statement of victim under Section 164 of the Cr.P.C., I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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