Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67228 of 2024 Arising Out of PS. Case No.-9 Year-2024 Thana- SILAO District- Nalanda ====================================================== Santu Kumar Son of Chhote Yadav R/o Village- Hargawan, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Sinha For the Opposite Party/s :

Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-10-2024 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Silao Police Station Case No. 09 of 2024, dated 14.01.2024, disclosing offences punishable under Section 393 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 14.01.2024, at about 07:15 PM, while the informant was returning to his home on his motorcycle and reached near Jagjivan More, three persons, on a motorcycle, stopped their motorcycle in front of him and on the point of gun, tried to snatch the motorcycle of the informant, but the informant pushed the motorcycle of the accused persons by his leg, due to which one accused person along with the

Patna High Court CR. MISC. No.67228 of 2024(2) dt.22-10-2024 2/3 motorcycle fell down. Thereafter, the informant raised alarm, upon which three Chowkidars, who were on duty, reached there and apprehended one accused person, who fell down with the motorcycle, while the other two accused persons succeeded in fleeing away. The apprehended accused persons disclosed his name as Jitendra Kumar and also disclosed the names of two persons, who succeeded in fleeing away, as the petitioner and one Rocky Kumar.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that the petitioner had a quarrel with the apprehended accused persons some days prior to the alleged occurrence and due to this enmity, the said apprehended accused person has disclosed his name before the Chowkidars as the person, who succeeded in fleeing away.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the name of the petitioner transpired in the statement of the apprehended accused person and the petitioner has got one criminal antecedent of similar nature of offence, I am not inclined to grant the petitioner privilege of anticipatory bail.

Patna High Court CR. MISC. No.67228 of 2024(2) dt.22-10-2024 3/3

6. This application is, accordingly, dismissed. (Anil Kumar Sinha, J.) Jyoti Kumari/- U T