Bhusan Paswan @ Chandra Bhusan Kumar @ Bhusan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28524 of 2023 Arising Out of PS. Case No.-124 Year-2019 Thana- SARAI District- Vaishali ====================================================== Bhusan Paswan @ Chandra Bhusan Kumar @ Bhusan Kumar, Son of Baleshwar Paswan @ Valeshwar Paswan R/O-Kathauliya, P.S.-Bidupur, Distt.-Vaishali ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 07-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner in the present case is seeking pre-arrest bail in connection with Sarai P.S. Case No. 124 of 2019 registered for the offences punishable under Section 392 of the Indian Penal Code. He has got three criminal antecedents. Learned counsel for the petitioner submits that as per the prosecution story on 03.04.2019 at about 12:30 P.M., three accused persons entered into the Bank and on the point of pistol, looted away total Rs. 83,800/- and broke the CCTV, Passbook Printer, Cash Counting Machine and CPU.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the name of the petitioner has
Patna High Court CR. MISC. No.28524 of 2023(2) dt.07-07-2023 2/2 transpired in the confessional statement of the co-accused. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.
Having regard to the fact that the name of the petitioner has transpired in the confessional statement of the coaccused but the petitioner has got criminal antecedents of similar nature, this Court is not inclined to grant privilege of anticipatory bail to the petitioner.
The prayer for anticipatory bail of the petitioner is, thus, refused.
In case the petitioner surrenders and prays for regular bail in the court below within four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudice by the order of this Court.
This application stands disposed of.
(Rajeev Ranjan Prasad, J) SUSHMA2/- U T