Patna High CourtCR. MISC./35973/2019bail rejected

Saurab Kumar @ Piyus @ Pushp Raj v. The State Of Bihar

2019-09-04Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35973 of 2019 Arising Out of PS. Case No.-12 Year-2019 Thana- CIVIL LINE District- Gaya ====================================================== Saurab Kumar @ Piyus @ Pushp Raj, Son of Prem Kumar Resident of Village- Kari Soba, Police Station- Wazirganj, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No2 For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Civil Lines P.S. Case No.12 of 2019 for the offence punishable under Sections 420 and 379 of the Indian Penal Code. The prosecution story as per the First Information Report is that a sum of Rs.40,000 of the informant was fraudulently withdrawn from the SBI ATM on 31.12.2018 in two transaction of 20,000/- each.

Mr. Manish Kumar No.2, learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case based upon the confessional statement of co-accused, Sunil Kumar, who has said before the police that he along with petitioner and others used to commit

Patna High Court CR. MISC. No.35973 of 2019(4) dt.04-09-2019 2/2 theft and withdraw money from ATM.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner has got criminal antecedent inasmuch as Tekari P.S. Case No.5 of 2019 has been lodged against him for the same offence and co-accused has been granted regular bail, accordingly, I am not inclined to grant anticipatory bail to the petitioner and the same is hereby rejected.

(Anil Kumar Sinha, J) sanjeev/- U T