Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16605 of 2020 Arising Out of PS. Case No.-4 Year-2020 Thana- GAURICHAK District- Patna ====================================================== ANAND KUMAR, Son of Vijendra Yadav, R/o Village- Kasha Nagar, P.S.- Dhanarua, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sayed Imran Ghani, Adv.

For the Opposite Party/s :

Mr.Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-09-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 392, 395 and 412 of the Indian Penal Code.

Allegation against the petitioner and other accused persons is of looting the mobile phone and purse contains Rs. 3500/-.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence rather he has falsely been implicated by the informant in this case. The name of the petitioner came on surface in confessional statement of arrested persons namely Dharmendra Kumar and Mukhu Yadav and nothing any evidence against the petitioner

Patna High Court CR. MISC. No.16605 of 2020(3) dt.09-09-2020 2/2 except the confessional statement. The petitioner has got no criminal antecedent.

Learned APP for the State opposes the prayer for bail petition and submits that the name of the petitioner came into light on the basis of statement of accused Dharmendra Kumar in Para-52 of the case diary and confessional statement of accused Mukhu Yadav in Para 89 of the case diary. The petitioner arranged the Bolero vehicle which was involved in commission of the offence.

In the aforesaid facts and circumstances, I am not inclined to enlarge the petitioner on bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Gaurichak P.S. Case No. 04 of 2020 from the Court of learned A.C.J.M.-VI, Patna City.

Accordingly, this application is dismissed.

However, petitioner is directed to surrender before the learned court below and make prayer for bail, the learned court below shall dispose of the bail petition on the same day without being prejudiced by this order.

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