Patna High CourtCR. MISC./25434/2023dismissed

Vikash Sah @ Vikash Kumar Sah v. The State Of Bihar

2023-07-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25434 of 2023 Arising Out of PS. Case No.-296 Year-2022 Thana- PALASI District- Araria ====================================================== VIKASH SAH @ VIKASH KUMAR SAH SON OF MUNNA SAH @ SATYANARAYAN SAH R/O VILLAGE- BHOJPUR, BALUA JAGIR, P.S.- TERHAGACHH, DISTRICT- KISHANGANJ ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar, Adv.

For the Opposite Party/s :

Mr.Nand Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Palasi P.S. Case No. 296 of 2022, registered for the offence punishable u/s 406, 420/34 of the IPC, pending in the court of learned Chief Judicial Magistrate, Araria.

3. Allegedly, having conspiracy, petitioner, along with other accused persons, is said to have unloaded the entire Kirana article, loaded in pickup van, near Dehti Middle School.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The

Patna High Court CR. MISC. No.25434 of 2023(3) dt.21-07-2023 2/2 allegation as alleged in FIR against the petitioner is totally false and baseless. No case u/s 406 and 420 of the IPC is made out against the petitioner as the petitioner has not been directly or specifically alleged for committing any overt act. The name of the petitioner has been disclosed by co-accused Sonu Kumar, driver of the vehicle. There is no direct incriminating material against the petitioner to show his involvement with the alleged occurrence. Petitioner has eight criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Considering nature of the offence and criminal antecedents of the petitioner, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

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