Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21502 of 2021 Arising Out of PS. Case No.-168 Year-2018 Thana- PATEPUR District- Vaishali ====================================================== KUNAL KUMAR Son of Sohambhu Rai Resident of Village - Bardiha Turki, P.S.- Patepur, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anuj Kumar, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with Patepur P.S. case No.168 of 2018 registered under Section 392 of the Indian Penal Code, pending in the court of A.C.J.M. X, Vaishali at Hajipur.

Prosecution case, in short, is that three unknown

Patna High Court CR. MISC. No.21502 of 2021(2) dt.17-01-2022 2/2 miscreants looted the motorcycle of the informant along with cash and mobile.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. On behalf of the State, it is submitted that though the petitioner is not named in the F.I.R., but looted article is said to have been recovered from the possession of the petitioner. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T