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Patna High CourtCR. MISC./53695/2021dismissed

Dhiraj Kumar v. The State Of Bihar

2022-11-10Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53695 of 2021 Arising Out of PS. Case No.-162 Year-2021 Thana- GAYA KOTWALI District- Gaya ====================================================== Dhiraj Kumar Son Of Narain Prasad Keshri R/O Village- Kala Bajitpur, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nand Kishore Prasad Sinha For the Opposite Party/s :

Mr.Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case only on the basis of confessional statement of co-accused Lallu Paswan who was caught with the motorcycle. He submits that the petitioner was not present at the place of occurrence and nothing has been recovered from his possession. He further submits that petitioner has no criminal antecedent as stated in para-3 of this application. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.53695 of 2021(2) dt.10-11-2022 2/2 bail.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Kotwali P.S. Case No. 162 of 2021. (Anjani Kumar Sharan, J) devendra/- U T