Vijay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27629 of 2023 Arising Out of PS. Case No.-131 Year-2022 Thana- DARAUNDA District- Siwan ====================================================== VIJAY KUMAR YADAV Son of Late Sri Ram Yadav R/V- Siswa Kala, PSMH Nagar, Dist- Siwan .. ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-07-2023 Heard Mr. Ashok Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned Additional Public Prosecutor for the State.

2. Petitioner apprehends his arrest in connection with Daraunda (MH Nagar) PS Case No. 131/2022 dated 14.05.2022 registered for the offence punishable under Sections 420, 467, 468, 471 and 120(B) of the IPC.

3. As per FIR lodged by the SHO, M.H. Nagar, Siwan who received letter no. 916/STF (DIG), Patna dated 12.05.2022 through letter no. 3378/Go dated 14.05.2022 from the Superintendent of Police, Siwan whereby he has been informed that the two accused persons including this petitioner has obtained SIM of mobile on the basis of forged identity cards and documents.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to enmity with the shopkeeper from where the petitioner has purchased the

Patna High Court CR. MISC. No.27629 of 2023(2) dt.19-07-2023 2/2 SIM in question. He further submits that the fact of the matter is that the identity cards and other documents for identification were genuine as submitted by the petitioner but due to enmity the shopkeeper has changed the documents.

5. I have heard learned counsel for the parties, perused the material on record and the impugned order.

6. From perusal of the FIR, it transpires that the STF has given information to the S.P. Siwan regarding procurement of SIM card on the basis of forged documents by the petitioner and further the petitioner has got criminal antecedent and there may be possibility that the police may take custodial interrogation of the petitioner.

7. Accordingly, I do not find any reason to differ with the findings of learned Sessions Judge, inasmuch as the case is under investigation wherein the custodial interrogation of the petitioner may be necessary based upon the material collected by the police during course of investigation. As such, I am not inclined to grant anticipatory bail to the petitioner. The same is, hereby dismissed.

(Anil Kumar Sinha, J) perwez U T