Ganesh Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48936 of 2022 Arising Out of PS. Case No.-116 Year-2022 Thana- KHIJARSARAI District- Gaya ====================================================== Ganesh Prasad Son Of Late Dwarika Prasad R/O Mohalla- Manpur Surhi Tola, P.S.- Muffasil, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Promad Kumar Singh For the Opposite Party/s :
Mr.Choubey Jawahar Mr. Nagendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-12-2022 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner undertakes to remove the defects, if any, within three weeks. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 457, 380 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the name of the petitioner has come in this case on confessional statement of coaccused. He submits that occurrence took place on 15.03.2022 but the FIR has been lodged on 17.03.2022 after delay of 3 days. He further submits that petitioner has no criminal
Patna High Court CR. MISC. No.48936 of 2022(2) dt.08-12-2022 2/2 antecedent as stated in para-3 of this application. Learned APP for the State and learned counsel for the informant oppose the prayer for bail and submit that the during investigation, two co-accused persons have made confessional statement in which they have taken the name of the petitioner and also stated that some of the stolen articles have been sold to the petitioner who is owner of a Jwellery shop. 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 Khihzersarai P.S. Case No. 116 of 2022. (Anjani Kumar Sharan, J) devendra/- U T