Vishal Singh @ Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19347 of 2024 Arising Out of PS. Case No.-472 Year-2019 Thana- BASANTPUR District- Siwan ====================================================== Vishal Singh @ Vishal Kumar, Aged about 23 years, Male, S/o Nagendra Singh, R/o Vill - Chamanpura, P.S. - Baikunthpur, District - Gopalganj, At present R/o Village - Vansaw, P.S. - Basantpur, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rampravesh Nath Tiwari, Advocate For the Opposite Party/s :

Mr.Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Basantpur P.S. Case No. 472 of 2019 instituted for the offence punishable under Section 392 of the Indian Penal Code.

3. As per prosecution case, the allegation against three unknown miscreants is that they boarded on a motorcycle came and on gun point snatched and motorcycle and cash bag containing Rs. 4,51,900/- from the informant and fled away.

4. It is submitted by learned counsel for the petitioner that petitioner is innocent and has committed no offence. Petitioner is not named in the F.I.R. and nothing incriminating has been recovered from his conscious possession. He has falsely been implicated in this

Patna High Court CR. MISC. No.19347 of 2024(3) dt.22-05-2024 2/2 case on the basis of his self confessional statement before the police which has no legal value in the eye of law.

5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.

6. From perusal of the F.I.R., impugned order dated 09.01.2024 and case diary, it appears that on the basis of written report of the informant Nandlal Sah, F.I.R. registered for the offence under Section 392 of the I.P.C. against three unknown rider of the motorcycle. In para 37 of the case diary, the petitioner has confessed his guilt about involvement in the alleged occurrence. During investigation, witnesses have also supported the case of prosecution. The investigation is continue in this case. In para-3 of the petition, it is mentioned that petitioner has also two criminal antecedents of similar nature of offence.

7. Considering the facts and circumstances of the case, criminal history of the petitioner and nature of allegation, I am not inclined to grant anticipatory bail to the petitioner.

8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) lata/- U T