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Patna High CourtCR. MISC./64358/2023bail rejected

Abhishek Kumar @ Bholu @ Bholu Kumar v. The State Of Bihar

2023-12-08Mr. Justice Bibek Chaudhuri2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64358 of 2023 Arising Out of PS. Case No.-263 Year-2023 Thana- MADHAURAH District- Saran ====================================================== ABHISHEK KUMAR @ BHOLU @ BHOLU KUMAR son of Nawal Kishore Singh Village- Dev Bahuara Ps- Madhaurah Dist- SAran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjani Parashar For the Opposite Party/s :

Ms. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE BIBEK CHAUDHURI ORAL ORDER 08-12-2023 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Madhaurah P. S. Case No. 263 of 2023, initially registered for the offences punishable under Section 363 of the Indian Penal Code. Later on vide order dated 22.05.2023, Sections 302, 201 and 120(B) of the Indian Penal Code were added.

3. It is submitted by the learned Advocate for the petitioner that the petitioner is apprehending arrest in connection with above-mentioned case only on the ground of statement made by the co-accused before the police. It is also submitted that no incriminating evidence has been

Patna High Court CR. MISC. No.64358 of 2023(3) dt.08-12-2023 2/2 collected against the petitioner, so he should be released on bail.

4. I have perused the case-diary.

5. The learned APP for the State has raised objection against the prayer for anticipatory bail.

6. Considering the gravity of the offence, this Court is of the view the in order to ascertain the fact as to whether the petitioner is involved in the offence under Sections 363, 302, 201 and 120(B) of the Indian Penal Code or not, custodial interrogation is necessary.

7. Therefore, the anticipatory bail is rejected. (Bibek Chaudhuri, J) skm/- U