Gayendra Kumar @ Gayendar Yadav @ Gajendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10936 of 2023 Arising Out of PS. Case No.-146 Year-2022 Thana- TEKARI District- Gaya ====================================================== GAYENDRA KUMAR @ GAYENDAR YADAV @ GAJENDRA KUMAR Son of Ramsevak Yadav Resident of Village- Sahopur Malhya, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Tekari P.S. Case No.146 of 2022, registered for the offence punishable under Section 395 of the Indian Penal Code. Allegedly, the petitioner alongwith other co-accused persons snatched a bag from the informant by threatening him with Arms. The bag of the informant contained Twenty five thousand rupees cash and some business related documents. 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

Patna High Court CR. MISC. No.10936 of 2023(2) dt.25-04-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no recovery of incriminating articles from the conscious possession of the petitioner or from the house of the petitioner. He further submits that no independent witness has supported the prosecution case. 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 as well as considering the nature of offence, 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, the learned Court below shall pass the order, on the same day, in accordance with law.

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