Patna High CourtCR. MISC./51708/2023dismissed

Purushottam Kumar @ Purushottam Mishra v. The State Of Bihar

2023-08-19Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51708 of 2023 Arising Out of PS. Case No.-519 Year-2022 Thana- TAJPUR District- Samastipur ====================================================== Purushottam Kumar @ Purushottam Mishra S/O Suresh Mishra @ Suresh Kumar R/O Thatiya, under P.S- Shakra, Distt.- Muzzafarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amiya Kunal, Advocate For the Opposite Party/s :

Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Tajpur (Waini) P.S. Case No. 519 of 2022 registered for the offences punishable under Section 379 of the Indian Penal Code. He has three criminal antecedents.

3. As per the prosecution story, on 30.10.2022 at about 06:00 A.M. the informant had went to Pusa Road to sell his vegetables by his motorcycle. When he returned to the place where he had parked his motorcycle after selling vegetables, he found his motorcycle missing from the said place.

4. Learned counsel for the petitioner is innocent and has been falsely implicated in this case.

5. Learned APP for the State has opposed the prayer for bail of the petitioner. It is submitted that the petitioner has

Patna High Court CR. MISC. No.51708 of 2023(2) dt.19-08-2023 2/2 three criminal antecedents which are of similar nature.

6. Having regard to the facts and circumstances of the case and similar kind of three criminal antecedents of the petitioner, this Court is not inclined to grant privilege of prearrest bail to the petitioner.

7. Prayer is refused.

8. In case, the petitioner surrenders and prays for regular bail, his prayer for regular bail shall be considered on its own merit without being prejudiced by the order of this Court.

9. This application stands dismissed.

(Rajeev Ranjan Prasad, J) lekhi/- U T