Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38593 of 2019 Arising Out of PS. Case No.-384 Year-2018 Thana- MUFFASIL District- West Champaran ====================================================== PAWAN KUMAR Son of Sri Mohan Sah Resident of Village - Khasuar, P.S.- Bettiah Muffasil, Distt - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 414 of the Indian Penal Code, registered in connection with Bettiah Muffasil P.S. Case No. 384 of 2018.
3. It is submitted that the petitioner has been falsely implicated and the accusation is that he was involved in commission of theft of stolen motor-cycle and keeping the same at the house of his maternal uncle Sanjay Kumar Jaiswal. It is submitted that except suspicion, there is no objective material to connect the petitioner with the alleged occurrence. The petitioner claims clean antecedents.
4. Learned APP, on the other hand, submits from the case diary that the stolen motor-cycle has been recovered from
Patna High Court CR. MISC. No.38593 of 2019(3) dt.18-09-2019 36902/2 the house of the petitioner's maternal uncle, Sanjay Kumar Jaiswal and witnesses have supported the prosecution case.
5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.
6. If the petitioner surrenders and seeks regular bail before the learned court below, the same shall be considered on its own merit in accordance with law and without being prejudiced by any observation in the present order. (Vikash Jain, J) HR/- U T