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Patna High CourtCR. MISC./47704/2019dismissed

Navendu Kumar v. The State Of Bihar

2019-07-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47704 of 2019 Arising Out of PS. Case No.-132 Year-2018 Thana- KANKARBAG District- Patna ====================================================== NAVENDU KUMAR Son of Shri Sanjay Kumar Pandey Resident of VillageKharauuan, P.S.-Atari, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shree Nivas Madhuvan For the Opposite Party/s :

Mr.Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-07-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Kankarbagh P.S.Case No.132 of 2018 dated 14.2.2018 registered for offences punishable under Sections 356 and 379 of the Indian Penal Code.

Petitioner happens to be informant of the case and he has lodged a written report before the Officer Incharge of Kankarbagh Police Station that while he was coming after collecting money, as he is Sangam Manager in Bharat Financial Inclusion Ltd., at Beur Branch, somebody dashed his motorcycle and when he fell down, Rs.1,22,759/- as well as his mobile were taken away . It further appears that later on coaccused was arrested and he confessed the guilt in which he has named the petitioner as the conspirator in the case and at his

Patna High Court CR. MISC. No.47704 of 2019(2) dt.31-07-2019 2/2 instance the occurrence took place. Confessional statement of the co-accused has been annexed with the FIR itself. Submission of the learned counsel for the petitioner is that he has been falsely implicated in this case only on confessional statement, and he has no criminal antecedent. Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T