Shailesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58706 of 2022 Arising Out of PS. Case No.-157 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== SHAILESH PATEL Son of Suresh Patel R/o vill.- Manguraha, P.S.- Govindganj, Dist.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhannjay Kumar No 2, Adv.

For the Opposite Party/s :

Mr.Syed Mojibur Rahman, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard the parties.

Petitioner apprehends his arrest in a case registered for offence punishable u/s 457, 380, 411/34 of IPC. Allegedly, the petitioner along with other co-accused person have committed theft in the house of informant and stole several articles from the house.

It is submitted by learned counsel for the petitioner that both petitioner and informant are co-villagers. 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. His name has been transpired on the basis of the confessional statement of apprehended coaccused. The entire prosecution story is false and fabricated.

Patna High Court CR. MISC. No.58706 of 2022(2) dt.22-12-2022 2/2 Petitioner has been made accused in this case due to Panchayat Election. It is further stated that petitioner was not seen at the place of occurrence. He has neither been arrested on the spot nor any article has been recovered from the possession of the petitioner. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case and considering the nature of the offence, I am not inclined to enlarge him on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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