Ghanshyam Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60700 of 2023 Arising Out of PS. Case No.-5 Year-2009 Thana- PIRBAHOR District- Patna ====================================================== GHANSHYAM SAO S/O SHOBHA SAO R/O VILLAGE- PESHAM, P.SBIRNI, DISTT.- GIRDIH (JHARKHAND) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kameshwar Singh For the Opposite Party/s :

Mr. Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in connection with Pirbahore P.S. Case No.05 of 2009, registered for the offence punishable under Sections 392 of the Indian Penal Code.

3. The informant alleged that while he was going to coach a rickshaw, three to four persons surrounded him and snatched his mobile and purse on gun point.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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. Petitioner is not named in the FIR and at the time of occurrence he was in Giridih, Jharkhand. The name of

Patna High Court CR. MISC. No.60700 of 2023(4) dt.05-03-2024 2/2 the petitioner transpired in the present case on the basis of a SIM card bearing no.8809258396, which was being used under his name. The I.O. went to contact about the same with local chaukidar but no person gave any statement against the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail.

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. Accordingly, this application is dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

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