Abhishek Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67962 of 2023 Arising Out of PS. Case No.-234 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== ABHISHEK KUMAR SINGH S/O ASHOK SINGH VILLAGEMALMALIYA PO AND PS- BASANTPUR, DIST- SIWAN, PIN CODE841406 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dhananjay Prasad For the Opposite Party/s :

Mr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2023 Heard the parties.

2. The petitioner apprehends his arrest in connection with G.B. Nagar P.S. Case No.234 of 2020, registered for the offence punishable under Sections 379, 34 of the Indian Penal Code.

3. The allegation against the petitioner is that he along with other co-accused persons stole the vehicle of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. Petitioner has been made accused in the present case

Patna High Court CR. MISC. No.67962 of 2023(2) dt.03-11-2023 2/2 only on the basis that the mobile used in the alleged occurrence belongs to the petitioner. He further submits that there is no material evidence against the petitioner in the entire case diary. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed. (Anjani Kumar Sharan, J) shikha/- U T