Patna High CourtCR. MISC./37985/2024bail rejected

Lalbabu Khan v. The State Of Bihar

2024-07-10Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37985 of 2024 Arising Out of PS. Case No.-157 Year-2023 Thana- DARPA District- East Champaran ====================================================== Lalbabu Khan Son of Munna Khan R/O Vill.- Nakardeyi, P.S.- Sugauli, Dist.- East Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

The State Of Bihar The Advocate General Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in a case registered for the offences punishable in connection with Darpa P.S. Case No.157 of 2023 under Sections 461, 379, 411 and 414 of the Indian Penal Code.

3. As per the prosecution, the FIR has been lodged against five named accused persons including the petitioner against whom there is allegation of theft of articles from the shop of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the petitioner has been falsely implicated in this case. He further submits that no incriminating material has been

Patna High Court CR. MISC. No.37985 of 2024(2) dt.10-07-2024 2/2 recovered from the possession of the petitioner.

5. Counsel also submits that antecedent of the petitioner is clean. He further submits that the apprehended coaccused persons have disclosed the name of the petitioner due to this reason, the name of the petitioner has been inserted in this case.

6. Learned APP for the State opposes the prayer for bail and submits that the petitioner is named in the F.I.R.

7. In the present facts and circumstances, this Court is not inclined to grant anticipatory bail to the petitioner, therefore the bail application of the petitioner is hereby rejected.

8. However, trial court is directed to consider the regular bail application of the petitioner, if he surrenders within four weeks and prays for regular bail without being prejudice of the present order preferably on the same day. (Dr. Anshuman, J.) Prakashmani/- U T