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Patna High CourtCR. MISC./58327/2018dismissed

Pradeep Kumar @ Pradeep Mochi v. The State Of Bihar

2019-02-11Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58327 of 2018 Arising Out of PS. Case No.-290 Year-2017 Thana- BIKRAM District- Patna ====================================================== Pradeep Kumar @ Pradeep Mochi, S/o Prabhu Mochi Resident of Village - Mahmadpur, Gopalpur, P.S. - Bikram, District - Patna, Bihar. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajesh Kumar, Advocate For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 379/411 of the Indian Penal Code registered in connection with Bikram P.S. Case No. 290 of 2017.

3. It is submitted that the petitioner has been falsely implicated and the first information report has been instituted belatedly on 29.09.2017 for the alleged occurrence of 27.09.2017. Moreover, a seizure list has been produced before the court on 09.10.2017. It is a case of malicious prosecution in the backdrop that an amount of Rs. 25,000/- had been advanced by the petitioner's father to the informant's father and for which a legal notice has been issued on 11.09.2017. The petitioner claims clean antecedents.

4. Learned APP opposes the anticipatory bail petition inviting reference to paragraph 11 of the case diary, according to which stolen CD machines were recovered from the house of the petitioner.

5. Having regard to the nature of accusations and gravity

Patna High Court Cr.Misc. No.58327 of 2018(3) dt.11-02-2019 2/2 of offence alleged, this Court is not inclined to grant anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. BT/- (Vikash Jain, J) U T