Vishnu Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25311 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -KADAMKUAN District- PATNA ====================================================== Vishnu Mishra, Son of Late Birendra Mishra, resident of VillageGangwara, P.S.- Runnisaidpur, District- Sitamarhi. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance:

For the Petitioner/s : Mr. Ashhar Mustafa, Advocate. For the Opposite Party/s : None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-06-2017 Heard Sri Ashhar Mustafa, learned advocate appearing on behalf of the petitioner.

No one appears for the State.

The petitioner is seeking anticipatory bail in connection with Kadamkuan P.S. Case No. 23/2017 registered under Sections 379, 447, 411, 420, 471 and 472 of the Indian Penal Code.

The allegations against the petitioner, as contained in the First Information Report, would show that in the confessional statement of one Dharmendra Mishra, from whose possession the stolen vehicle was recovered, the name of the petitioner transpired and several acts of omissions constituting an offence under the aforesaid provisions have been alleged. The petitioner is also an

Patna High Court Cr.Misc. No.25311 of 2017 (2) dt.07-06-2017 2/2 accused in Runnisaidpur P.S. Case No. 386/2008 in which he is said to be on bail.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated and save and except the confessional statement, there is no other material to implicate him. He has also placed on record a photocopy of the order dated 02.05.2017 passed in Cr. Misc. No. 18968/2017 and submits that the co-accused Rohit Mishra @ Rohit Kumar Mishra has been granted regular bail by a co-ordinate bench of this Court in Cr. Misc. No. 18968/2017 .

Considering the fact that the petitioner has got criminal antecedent and his name has transpired in the confessional statement of the accused from whom the stolen vehicle has been recovered, I am not inclined to grant anticipatory bail to the petitioner. The prayer for anticipatory bail is refused. If the petitioner surrenders in the court below within four weeks from today and prays for regular bail, the same may be considered on its own merit.

(Rajeev Ranjan Prasad, J) Dilip, AR U T