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Patna High CourtCR. MISC./30688/2022dismissed

Chanchal Kumar v. The State Of Bihar

2022-09-08Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30688 of 2022 Arising Out of PS. Case No.-298 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== CHANCHAL KUMAR Son of Late Madan Mahto @ Madan Prasad Resident of Village - Jagarnathpur, P.s.- Kudhani, Distt.- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Amit Anand For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-09-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Kudhani P.S. Case No.298 of 2021, registered for the offences punishable under Sections 414 and 379 of the Indian Penal Code.

Allegation against the petitioner is of stealing motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no recovery from the conscious possession of the petitioner.

Learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.30688 of 2022(2) dt.08-09-2022 2/2 anticipatory bail of the petitioner.

Taking into considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order of rejection. (Anjani Kumar Sharan, J) Sanjay/- U T