Patna High CourtCR. MISC./44991/2023bail rejected

Naresh Sah @ Ram Naresh Sah v. The State Of Bihar

2023-08-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44991 of 2023 Arising Out of PS. Case No.-1 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Naresh Sah @ Ram Naresh Sah Son of Chandrika Sah Resident of Samanpur, P.S.- Kundwa Chainpur, District - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Adv.

For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 392 of the I.P.C.

3. As per the prosecution case, the allegation against unknown persons who alleged to loot Rs. 2 lakh and 3 mobiles from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the antecedent of the petitioner is clean and only due to confessional statement his name has figured in this case.

5. Learned A.P.P. for the State opposes the prayer for bail and submits that upon perusal of the rejection order of bail

Patna High Court CR. MISC. No.44991 of 2023(2) dt.04-08-2023 2/2 of the petitioner by Sessions Judge, East Champaran, Motihari, a series of material has come against him by which, it transpires that there is direct involvement of the petitioner in the offence.

6. In the present facts and circumstances and the submissions made above, this Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Ghorasahan P.S. Case No. 01 of 2023, dated 01.01.2023 to the satisfaction of learned S.D.J.M., Sikarahana, East Champaran.

7. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

8. However, the learned Court below shall consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of 6 weeks.

9. The present order shall not cause any prejudice to the petitioner.

(Dr. Anshuman, J.) sadique/- U T