Vikram Kumar @ Shanku v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25036 of 2021 Arising Out of PS. Case No.-798 Year-2019 Thana- BIHAR District- Nalanda ====================================================== Vikram Kumar @ Shanku Son of Ramswaroop Mistri @ Ramswaroop Prasad Resident of village - Gorapar, P.S.- Warisaliganj, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prasad Singh For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406, 420, 467, 468, 471, 472 and 120B of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that no incriminating article has been recovered from the conscious possession of the petitioner. He submits that the petitioner has been made accused on the basis of confessional statement of the co-accused. He submits that

Patna High Court CR. MISC. No.25036 of 2021(2) dt.09-12-2021 2/2 alleged PAN card as well as I.Card of the petitioner was left in the room of co-accused Indrajeet Kumar by mistake. Thus, on the suspicion, police has dragged the petitioner in this case. He submits that petitioner bears one criminal antecedent as stated in para-3 of the bail application.

However, learned APP for the State opposes the prayer for bail and submits that the allegation against the petitioner is very serious.

Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bihar P.S. Case No. 798 of 2019 pending before the court of the learned Chief Judicial Magistrate, Nalanda at Biharsharif.

If the petitioner surrenders before the learned court below and pray for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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