Angad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37863 of 2023 Arising Out of PS. Case No.-646 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Angad Kumar S/O- Anandi Ram Village- Pakhnaha Ps- Minapur DistMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 392, 401, 34 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been implicated in the present case on the basis of disclosure made by the co-accused who has been apprehended from the place of occurrence. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application.

4. Learned APP for the State opposing the prayer for bail submits that the petitioner was also involved in the

Patna High Court CR. MISC. No.37863 of 2023(2) dt.01-08-2023 2/2 present case. He also relied upon the judgment of the Apex Court in the case of Indresh Kumar Vs. The State of UP & Anr. (Criminal Appeal No. 938 of 2022), whereby the Court has held that 'Statements under Section 161 of Cr.P.C. may not be admissible in evidence, but are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence.

5. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Minapur P.S. Case No. 646 of 2022.

6. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.

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