Aawesh @ Md. Awesh @ Pappu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66712 of 2022 Arising Out of PS. Case No.-16 Year-2020 Thana- NARPATGANJ District- Araria ====================================================== Aawesh @ Md. Awesh @ Pappu S/O Sirjauddin @ Md. Sirajuddin R/O Village- Swaldah Majhwa, Kanhaili, Ward No. 15, P.S.- Narpatganj, DisttAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 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 413, 414, 420, 34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioner is that from his house a looted Motorcycle recovered. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. He further submits that the petitioner is not named in the FIR, both two apprehended person disclose the name of the petitioner in his confessional statement, the petitioner is made accused in the present case and the motorcycle was

Patna High Court CR. MISC. No.66712 of 2022(2) dt.25-02-2023 2/2 recovered by the police from the apprehended person. The motorcycle recovered possession of house of the petitioner. He further submits that the petitioner has two criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State opposes the prayer for bail. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Narpatganj Case No. 16 of 2020.

(Anjani Kumar Sharan, J) Arish/- U