Ritesh Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52130 of 2022 Arising Out of PS. Case No.-24 Year-2021 Thana- KARPI District- Jehanabad ====================================================== Ritesh Mishra Son Of Uma Shankar Mishra Resident Of Village- Naraina, P.S.- Chenari, District- Rohtas (BIHAR) ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar Singh For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2022 Heard learned counsel for the petitioner 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 Section 392 of the Indian Penal Code.
Allegation against the petitioner is that he in association of other co-accused has stolen the vehicle that has been recovered from the possession of the co-accused Devendra Kumar.
Learned counsel for the petitioner submits that the petitioner is quite innocent and has not committed the offense as alleged in the complaint. Learned counsel for the petitioner
Patna High Court CR. MISC. No.52130 of 2022(2) dt.13-12-2022 2/2 further submits that similarly situated co-accused Devendra Kumar has been granted bail by a coordinate Bench of this Court vide order dated 18.02.2022 passed in Cr. Misc. 43994 of 2022. He further submits that the petitioner was not named in the FIR and he has been made accused on the basis of confessional statement of the co-accused. He further submits that petitioner has two criminal antecedents as stated in para '3' of the bail application.
Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances of the case and the nature of the offence, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer for bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) ishika/- U T