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Patna High CourtCR. MISC./21797/2023bail rejected

Guhna Nishad v. The State Of Bihar

2023-07-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21797 of 2023 Arising Out of PS. Case No.-17 Year-2023 Thana- BARAUNI District- Begusarai ====================================================== GUHNA NISHAD S/o Chhedi Nishad Resident of Village Ward No. 10 Malahipur (Bind Toli), P.S.-Barauni (Chakiya O.P.), District-Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Section 379/34 of the I.P.C. It is alleged that three persons were committing theft of battery of tower and on hulla, they started fleeing away, however; on chase, one person namely Pankaj Nishad was apprehended on spot, who disclosed the name of petitioner and other person, as the person who fled away from there. It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to village politics. Nothing has been recovered either from conscious possession or premises of the petitioner.

However, learned A.P.P. for the State opposes the bail petition and submits that number of witnesses have supported the allegation of theft against the petitioner. Apart from that, petitioner has got two criminal antecedent.

Patna High Court CR. MISC. No.21797 of 2023(2) dt.06-07-2023 2/2 Considering the nature of accusation and criminal antecedent of the petitioner, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T