Hasnain Rai @ Hassnain Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39767 of 2024 Arising Out of PS. Case No.-273 Year-2021 Thana- SISWAN District- Siwan ====================================================== Hasnain Rai @ Hassnain Ray Son Of Ahmad Rai Resident Of Village - Chhapiya Buzurg, Police Station - Siswan, District - Siwan ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwary For the Opposite Party/s :
Mr.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 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 Sections 461, 379 of the Indian Penal Code.
3. As per FIR, some unknown persons committed theft of a welding machine, hummer, grill, 15 kg iron along with other items after breaking the lock of the shop of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the FIR is against unknown thief and the petitioner is not named in the FIR. He submits that one coaccused was apprehended by the police who disclosed the name of the petitioner and the petitioner himself confessed that he is involved in the present case. He further submits that petitioner
Patna High Court CR. MISC. No.39767 of 2024(2) dt.10-07-2024 2/2 has two criminal antecedents of similar nature as stated in para3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the petitioner has two criminal antecedents of similar nature, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Siswan P.S. Case No. 273 of 2021.
(Anjani Kumar Sharan, J) devendra/- U T