Sanjeet Kumar @ Sanjeet Kumar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41445 of 2021 Arising Out of PS. Case No.-133 Year-2021 Thana- LALGANJ District- Vaishali ====================================================== SANJEET KUMAR @ SANJEET KUMAR SAHANI Son of Dharmnath Sahni Resident of Village - Kowa Mohammadpur @ Kovamahabbatpur, P.S. - Lalganj, District - Vaishali.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bela Singh For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No.133 of 2021, registered for the offence punishable under Sections 413, 414, 411 of the IPC. The allegation against the petitioner is that from his house two stolen ceiling fan and an Apache motorcycle was recovered. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case only on the statement of

Patna High Court CR. MISC. No.41445 of 2021(2) dt.08-04-2022 2/2 the co-accused. The fans which were recovered from his house, belongs to his father, who had purchased the same much prior to the alleged date of occurrence. The said motorcycle belongs to the cousin of the petitioner. No T.I. Parade has been conducted of the stolen articles recovered from the house of the petitioner. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for bail and submits that petitioner is a member of the gang who commits theft and none of the recovered items belongs to him. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for grant of anticipatory bail to the petitioner named above is rejected.

The instant application is accordingly dismissed. However, petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass the order, preferably, in accordance with law.

(Anjani Kumar Sharan, J) pallavi/- U T