Bikram Kumar @ Bikram Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38860 of 2018 Arising Out of PS.Case No. -24 Year- 2018 Thana -BALIGAON District- VAISHALI(HAJIPUR) ======================================================
1. Bikram Kumar @ Bikram Choudhary son of Late Shankar Choudhary, resident of Village- Daskurba, P.S. Baligaon, District Vaishali. .... .... Petitioner
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned A.P.P.
The petitioner seeks anticipatory bail in connection with Baligaon P.S. Case No. 24 of 2018, registered for offences punishable under Section 379 of the Indian Penal Code. Allegation as per FIR is that while the informant was talking on his mobile and standing near his motorcycle, the petitioner along with other accused person came and opened the lock of the dikky and taken away of Rs. 80,835/- with Samsung Tab.
Submission of the learned counsel for the petitioner is that he has falsely been implicated in this case and there is absolutely nothing in the FIR. It is also submitted that there is no
Patna High Court Cr.Misc. No.38860 of 2018 (2) dt.09-07-2018 2/2 other witness named in the FIR who disclosed the name of the petitioner and the petitioner has no criminal antecedent. Learned A.P.P. opposes the prayer for bail.
n In view of allegation against the petitioner, above named, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by this order of this Court.
With the aforesaid observation, this application is dismissed.
(Vinod Kumar Sinha, J) Sudha/- U T