Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36245 of 2024 Arising Out of PS. Case No.-224 Year-2023 Thana- GRIYAK District- Nalanda ====================================================== Vishal Kumar Son Of Subodh Singh Resident Of Mohalla - Bari Patan Devi, P.O. - Gulzarbagh, P.S. - Gulzarbagh, District - Patna 800007 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 10-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 414 of the I.P.C.

3. As per the prosecution case, the F.I.R. has been lodged against three named accused persons including the petitioner. The allegation against the petitioner is that the apprehended accused persons have disclosed before the police that he has purchased motorcycle from the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner but only the accused from whose possession the

Patna High Court CR. MISC. No. 36245 of 2024(2) dt.10-07-2024 2/2 theft motorcycle has been recovered and disclosed the name of the petitioner, it is due to this reason the name of the petitioner has figured in this case. He further submits that the antecedent of the petitioner is not clean, there is one criminal case pending against him in which he is on bail.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that anticipatory bail may not be granted to the petitioner as his antecedent is not clean and he is accused in similar nature of case.

6. In the present facts and circumstances of the case and the submissions made above, I am not inclined to grant bail to the petitioner and, therefore, his bail petition is hereby rejected with a direction that he shall surrender before the learned Court below within a period of six weeks from today.

7. It is directed that the Trial Court at the time of surrender, if petitioner moves for regular bail, shall pass order on merit of the case without being prejudice by the order of this Court.

(Dr. Anshuman, J) sadique/- U T