← Library
Patna High CourtCR. MISC./56798/2022dismissed

Aman Kumar @ Aman Sahani v. The State Of Bihar

2023-01-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56798 of 2022 Arising Out of PS. Case No.-376 Year-2021 Thana- KUDHNI District- Muzaffarpur ====================================================== AMAN KUMAR @ AMAN SAHANI S/O HIRALAL SAHANI Resident of village- Kanti Kothiya, P.S.- Kanti, District- Muzaffarpur, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Preety Kunwar, Adv.

For the Opposite Party/s :

Mr.Rajeev Nayan (App 231), APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Kudhni (Turki O.P.) P.S. Case No. 376 of 2021 registered for the offences punishable under Section 399, 402, 414, 34 of the Indian Penal Code pending in the Court of learned Additional Chief Judicial Magistrate, 1st, Muzaffarpur.

Allegedly, petitioner along with other co-accused persons planned to carry out a loot near Darshaniya Temple. On information, police personnel reached there. After seeing the police, they tried to flee but four accused persons were apprehended with one motorcycle without number plate. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence

Patna High Court CR. MISC. No.56798 of 2022(2) dt.02-01-2023 2/2 and has been falsely implicated in the present case. Petitioner has no concern or connection with the accused persons. No such occurrence as alleged ever took place. The name of the petitioner has been transpired on the basis of confessional statement of apprehended co-accused persons. No looted article has not been recovered from the possession of the petitioner. The petitioner was not present at the alleged place of occurrence. Petitioner has two criminal antecedents. Learned APP for the State vehemently opposed the bail. Considering the facts and circumstances of case as well as the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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