Vishwajeet Kumar @ Vishwa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54767 of 2022 Arising Out of PS. Case No.-30 Year-2022 Thana- DESARI District- Vaishali ====================================================== Vishwajeet Kumar @ Vishwa S/O Manoj Rai R/o Village- Lakhanpur Tal, P.S.- Desri, Distt- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar, Advocate.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin,APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 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. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Section 395 of the Indian Penal Code.

Petitioner is said to have entered in the house of the informant and tied her hand, leg and closed her eyes with scarf. She further alleged that the miscreants took away key of Godrej and took away cash of Rs. 1,20,000 and golden ornaments, Mangal Sutra, Nose Ring, Earring, neckless and two Samsung

Patna High Court CR. MISC. No.54767 of 2022(2) dt.15-12-2022 2/2 mobile.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is not named in the FIR but during the investigation one co-accused has been apprehended who disclosed the name of the petitioner. He submits that no incriminating article has been recovered from the possession of the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Learned APP for the State opposed the prayer for bail and submits that petitioner is also involved in the present case. Considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Desri P.S. Case No. 30 of 2022.

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