Mukesh Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67368 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- TISIAUTA District- Vaishali ====================================================== Mukesh Sahani Son Of Ram Lakshman Sahani @ Ramlakhan Sahani R/O Vill - Larua, P.S. - Tajpur (Halai O.P.), Distt. - Samastipur ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Ms. Bela Singh, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. Petitioner apprehends his arrest in connection with Tisiauta P.S. Case No. 48 of 2023 dated 24.05.2023, registered for the offence punishable u/s 392 of the I.P.C., pending in the court of learned Additional Chief Judicial Magistrate-Vth, Vaishali at Hajipur.

3. As per the F.I.R., the allegation against the petitioner along with other miscreants have snatched the bag of the informant in which a laptop, mobile, purse etc. were kept.

4. It is submitted by learned counsel for the petitioner that the petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioner is general and omnibus in nature.

Patna High Court CR. MISC. No.67368 of 2023(3) dt.23-01-2024 2/2 She further submits that petitioner is not named in the F.I.R. rather petitioner has been made accused only on the confessional statement of co-accused, English Kumar. Nothing incriminating articles have been recovered from the conscious possession of the petitioner. Petitioner has three criminal antecedents of similar nature as mentioned in para 3 of the bail application.

5. Per contra, learned APP for the State vehemently opposed the bail petition submitted that the name of the petitioner transpired on the confessional statement of coaccused, English Kumar and Aadhar Card of the informant, Rahul Kumar was also recovered from the house of the petitioner. The allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, petitioner has three criminal antecedents of similar nature, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) annpurna/- U T