Ashok Singh @ Ashok Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63073 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- ADAPUR District- East Champaran ====================================================== 1.

ASHOK SINGH @ ASHOK KUMAR SINGH S/o Panna Lal Singh R/vSukhlahiya, P.S.- Darpa, District- East Champaran. 2.

BHUTTA SAHNI @ MANI KUMAR @ MANI SAHNI @ BHUTTA @ BHUTTA SINGH S/o Ram Chandra Sahni R/v- Sukhlahiya, P.S.- Darpa, District- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Adapur P.S. Case No.17 of 2021, registered for the offences punishable under Sections 395 and 120(B) of the Indian Penal Code.

It is alleged that four unknown miscreants have looted 250 grams of gold and 1.5 kgs of silver ornaments of the informant.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. The petitioners have got no criminal antecedent as

Patna High Court CR. MISC. No.63073 of 2022(2) dt.05-05-2023 2/2 stated in paragraph-3 of the bail petition. It is further submitted that nothing has been recovered from the conscious possession of the petitioners. Only on suspicion, the petitioners have been made accused in the present case. It is further submitted that coaccused, Sujeet Kumar @ Aditya Kumar has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated 29.11.2022, passed in Cr. Misc. No.35749 of 2022.

Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners by submitting that co-accused, Sujeet Kumar @ Aditya Kumar, who has been enlarged on anticipatory bail, was not named in the FIR, but the petitioners are named in the FIR.

Considering the nature of offence, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioners is rejected. (Anjani Kumar Sharan, J) S.KUMAR/- U T