Aditya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54545 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- MADHEPURA District- Madhepura ====================================================== Aditya Kumar Son of Shushil Yadav @ Shushil Kumar Resident of VillInarwa Ward No.- 5, P.S.- Sourbazar, District- Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar For the Opposite Party/s :

Mr. Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-08-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Madhepura (Bharrahi O.P.) Police Station Case No. 632 of 2023, dated 19.06.2023, disclosing offences under Sections 411/413/414/467/468/120(B) of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 18.06.2023, while the informant was returning after supplying bricks on his tractor, bearing registration no. BR43-GA-2834, in the meanwhile, two unknown persons, stopped the informant's tractor and told him to park his tractor and come with them as he has hit someone. The accused persons took informant to Chandni

Patna High Court CR. MISC. No.54545 of 2024(2) dt.31-08-2024 2/2 Chowk, where he waited for them to return. Seeing no sign of their return, the informant came back to the place where tractor was parked, however, there he did not found his tractor.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to village politics. He next submits that the petitioner has not been named in the First Information Report and his name has transpired on the basis of confessional statement of arrested co-accused person, namely, Santan Kumar. He further submits that no recovery has been made from the possession of the petitioner and/or from the property belonging to him.

5. Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of offence and the fact that the petitioner is having criminal antecedent, I am not inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J) ashwani/- U T