Vikki Kumar @ Banti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72292 of 2021 Arising Out of PS. Case No.-392 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== VIKKI KUMAR @ BANTI KUMAR SON OF SHRAVAN CHAUDHARI RESIDENT OF VILLAGE- NAWA NAGAR, P.S.- BIDUPUR, DISTRICTVAISHALI ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha For the Opposite Party/s :
Mr. Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 406 and 420 of the Indian Penal Code pending in the Court of learned C.J.M., Vaishali at Hajipur.
Allegation against the petitioner is that he has taken the car of the informant for three to four days from 20.02.2021 but not did not return.
Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From perusal of the FIR, it is clear that the alleged date of occurrence is 20.02.2021 and the case has been lodged on
Patna High Court CR. MISC. No.72292 of 2021(5) dt.10-11-2022 2/2 10.04.2021, after about 59 days of alleged date of occurrence, without stating the reason of delay for lodging the said F.I.R. He submits that due to dirty village politics, on the instance of his enemy with connivance of police petitioner is made accused in this case. He further submits that petitioner has two criminal antecedents as stated in para-3 of this application. Per contra, learned APP for the State vehemently opposing the bail petition submitted that petitioner is not appearing before the police and notice has been sent under Section 41(1) of the Cr.P.C., hence he does not deserve anticipatory bail.
Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Hajipur Sadar P.S. Case No.392 of 2021. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T