Bittu Sahni @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23035 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- BEERPUR District- Begusarai ====================================================== Bittu Sahni @ Bittu Kumar(M) aged 21 years, Son of Sahdev Sahni Resident of village- Jagdar, P.S.- Birpur, District- Begusarai ... ... Petitioner

Versus

1.

The State of Bihar 2.

UCO Bank, Muzaffara (Begusarai) Bihar ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Rai Mukesh Sharma, Advocate For the State :

Mr. Uma Shankar Prasad Singh, APP For UCO Bank :

Mr. Ranjeet Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 307, 379 and 427 of the Indian Penal Code and Section 27 of the Arms Act registered in connection with Birpur P.S. Case No. 11 of 2018.

3. It is submitted that the petitioner has been falsely implicated merely on the basis of the confessional statement of coaccused Pritam Jaiswal and Sikandar Sahni except which there is no objective materials to connect him with the alleged occurrence. No adverse inference could be drawn on the basis of tower location of the petitioner's mobile number as it was the market area which could be happened in the locality. The petitioner claims clean antecedents.

4. Learned APP assisted by learned counsel for the Bank opposes the anticipatory bail petition. Reference is invited to the order of the learned Additional Sessions Judge 1st, Begusarai dated 11.02.2019 passed in ABA No. 40 of 2019 noticing that three

Patna High Court CR. MISC. No.23035 of 2019(2) dt.12-04-2019 2/2 mobile numbers including that of the petitioner were used for call to each other and that the case was found true against the petitioner in the supervision note. Though the accusations are of serious nature, co-accused Pritam Jayswal @ Pritam Kumar Jayswal has not been granted anticipatory bail by a coordinate Bench of this Court vide order 08.04.2019 passed in Cr. Misc. No. 22272 of 2019.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. BT/- (Vikash Jain, J) U T