Chandan Kumar @ Chandan Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43704 of 2025 Arising Out of PS. Case No.-142 Year-2023 Thana- SIDHWALIYA District- Gopalganj ====================================================== Chandan Kumar @ Chandan Giri S/o Ramesh Giri R/o Village- Dharo Pali, P.O.- Karnowl, P.S.- Sahebganj, District- Muzaffarpur, Bihar-843125 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akshay Ashish, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-07-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Sidhwaliya P.S. Case No. 142 of 2023, lodged on 01.05.2023, under Sections 392/372/34 of the Indian Penal Code which is now under Sections 309(4)/127(2)/395 of B.N.S. 2023.
3. As per the prosecution, FIR has been lodged against three unknown accused persons against whom there is allegation of committing loot on petrol pump.
4. Learned Counsel for the petitioner submits that
Patna High Court CR. MISC. No.43704 of 2025(2) dt.16-07-2025 2/2 name of the petitioner has not figured in the FIR rather during investigation petitioner's name has come and the co-accused, who disclosed the name of the petitioner, has been granted regular by a co-ordinate Bench of this Court vide order dated 30.08.2023 passed in Cr. Misc. No.56702 of 2023. Counsel submits that petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that it is a clear cut case of loot at the petrol pump. He submits that the case in which bail has been granted is not anticipatory bail rather regular bail.
6. In this view of the matter, this Court is not inclined to grant anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Mkr./- U T