Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53059 of 2023 Arising Out of PS. Case No.-29 Year-2019 Thana- KOCHAS District- Rohtas ====================================================== Sonu Kumar S/O Jiut Ram R/O Village- Tetariyan, P.S- Kochas, Distt.- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Singh For the Opposite Party/s :

Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State

2. The petitioner apprehends his arrest in Kochas P.S. Case No. 29 of 2019 registered for the offences punishable under Section 379 of the Indian Penal Code.

3. Some unknown miscreants are said to have committed theft in the mobile shop of the informant and taken away mobile and its valuable parts worth Rs.3 lakhs.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case merely on suspicion. It is further submitted that nothing has been recovered from the conscious possession of the petitioner. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.53059 of 2023(3) dt.14-09-2023 2/2 Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that during investigation on the basis of the CDR the involvement of the petitioner was found as he was using theft mobile. He further submitted that as there is ample evidence in the case diary against the petitioner, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order considering the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) Trivedi/- U T