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Patna High CourtCR. MISC./3354/2021rejected

Chintu Kumar v. The State Of Bihar

2022-01-27Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3354 of 2021 Arising Out of PS. Case No.-33 Year-2018 Thana- PATLIPUTRA RAIL P.S. District- Patna ====================================================== CHINTU KUMAR Son of Raj Kumar Sharma Resident of Village-Bhagat Tola, Mathurapur, Ward No.-14, P.S.-Khagaria, District-Khagaria. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Mrityunjay Kumar For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 27-01-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Patliputra Junction Rail P.S. Case No. 33 of 2018 registered for the offence punishable under section 379 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has been falsely implicated in this case on basis of confessional statement of co-accused. Petitioner is neither named in the first information report nor any recovery has been made from his possession. Nothing specific is alleged against the petitioner. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.3354 of 2021(7) dt.27-01-2022 2/2 Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that during investigation materials have come showing complicity of this petitioner in the alleged crime. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

(Arvind Srivastava, J) mcv/- U T