Patna High CourtCR. MISC./46616/2023dismissed

Laxman Kumar Singh @ Laxman Singh v. The State Of Bihar

2023-09-20Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46616 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- PANAPUR District- Saran ====================================================== Laxman Kumar Singh @ Laxman Singh S/O Madhav Kunwar @ Madhav Singh R/O Village- Chakiya Chintamanpur, P.O.- Chakiya, Ps. Panapur, Dist. Saran At Chapra ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 20-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 272, 273, 420, 467, 468, 471, 120-B of the Indian Penal Code and Sections 30, 30(a), 34, 36 and 41 (I) of the Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the name of the petitioner transpired in this case only on the basis of confessional statement of coaccused. He submits that no incriminating article has been recovered from the possession of the petitioner. There is violation of Section 100 Cr.P.C. He further submits that petitioner has one criminal antecedent of similar nature as stated

Patna High Court CR. MISC. No.46616 of 2023(3) dt.20-09-2023 2/2 in para-3 of the bail application.

4. Learned APP for the State opposes the prayer for bail.

5. 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 Panapur P.S. Case No. 58 of 2023.

6. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) devendra/- U T