Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24238 of 2023 Arising Out of PS. Case No.-211 Year-2022 Thana- KARAKAT District- Rohtas ====================================================== SHIVAM KUMAR S/O SRI SHANKAR DAYAL SINGH Resident of Village- Belwain, P.S.- Karakat, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Ms.Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-07-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Karakat Police Station Case No. 211 of 2022, dated 06.11.2022, disclosing offences punishable under Sections 457/380/411 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that some household articles were stolen by unknown thieves from the house of the informant, details of which are mentioned in the First Information Report. The name of the petitioner has transpired on the basis of confessional statement of co-accused person, namely, Santu Kumar Singh, from whose possession, stolen articles were recovered.

Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.24238 of 2023(2) dt.07-07-2023 2/2 petitioner is not named in the First Information Report and he has falsely been implicated in this case on the basis of the confessional statement of co-accused Santu Kumar Singh, in which he has stated that one L.C.D. TV and one stabilizer were sold by the petitioner and co-accused Rohit Kumar, for Rs. 6,000/-, which were found to be stolen articles. I have heard learned Counsel for the parties and have gone through the materials available on record, including the impugned order.

From perusal of the materials on record, it is evident that the petitioner has got criminal antecedent and his name transpired on the basis of the confessional statement of coaccused Santu Kumar Singh, from whose possession, stolen articles were recovered, I am not inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √