Patna High CourtCR. MISC./20783/2023dismissed

Amit Kumar @ Monti Kumar v. The State Of Bihar

2023-10-16Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20783 of 2023 Arising Out of PS. Case No.-212 Year-2022 Thana- KHUSRUPUR District- Patna ====================================================== Amit Kumar @ Monti Kumar Son Of Uday Kumar Singh Resident Of Village Chechar, Ps- Biddupur ,DISTRICT Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

3. Accusation is of committing loot of the vehicle of the informant by unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of investigation on the confessional statement of co-accused. He submits that no incriminating article has been recovered from the possession or from the house of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of this

Patna High Court CR. MISC. No.20783 of 2023(5) dt.16-10-2023 2/2 application.

5. Learned APP for the State opposing the prayer for bail submits that the petitioner was also involved in the present case. He also relied upon the judgment of the Apex Court in the case of Indresh Kumar Vs. The State of UP & Anr. (Criminal Appeal No. 938 of 2022), whereby the Court has held that 'Statements under Section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Khusrupur P.S. Case No. 212 of 2022.

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