Pankaj Kumar @ Pankaj Kmar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37117 of 2019 Arising Out of PS. Case No.-37 Year-2018 Thana- BALIYA District- Begusarai ====================================================== PANKAJ KUMAR @ PANKAJ KMAR Son of Prabhu Sah Resident of Village- Barbighi, Salechak, (Kunjartoli), P.S.- Ballia, District- Begusarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sandip Kumar Gautam For the Opposite Party/s :
Mr.Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-09-2019 Petitioner seeks bail in anticipation of his arrest in connection with Ballia P.S. Case No. 37 of 2018 registered for the offences punishable under Sections 420, 406, 382 and 34 of the Indian Penal Code.
Prosecution case as per FIR is that accused persons forcibly stopped the vehicle, of which informant was driver, on the pretext of carrying potato and thereafter the vehicle was snatched and he was assaulted and tied with a tree and also snatched cash and mobile from him. It further appears that petitioner is accused in one more case.
Submission of learned counsel for the petitioner is that he is not named in the FIR and later on his name transpired in the confessional statement co-accused persons stating that they have contacted him for hiring the vehicle and there is no
Patna High Court CR. MISC. No.37117 of 2019(3) dt.19-09-2019 2/2 allegation against him and he has falsely been implicated in this case.
Heard learned APP, who has opposed the prayer for anticipatory bail on the ground that petitioner is not appearing for his identification and other co-accused has been identified. In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T