Kripashankar Sah @ Kripashankar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69597 of 2023 Arising Out of PS. Case No.-72 Year-2018 Thana- RAGHOPUR District- Supaul ====================================================== KRIPASHANKAR SAH @ KRIPASHANKAR GUPTA SON OF SURENDRA SAH RESIDENT OF VILLAGE-NARPATGANJ, WARD N 9 P.S.- NARPATGANJ, DISTRICT- ARARIA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrigendra Kumar, Adv.

For the Opposite Party/s :

Mr.Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Raghopur P.S. Case No.72 of 2018, registered for the offence punishable u/s 457 and 380 of the IPC.

3.

Prosecution case in brief is that some unknown miscreants committed theft in the house of the aunt of the informant after breaking the lock and articles worth lakhs along with clothes have been stolen.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. His name transpired in this case on the basis of confessional statement of the co-accused Md.

Patna High Court CR. MISC. No.69597 of 2023(3) dt.29-01-2024 2/2 Sahadat Alima and Md. Israfil, with whom petitioner has no concern. No incriminating article or stolen article has been recovered from the conscious physical possession of the petitioner or from his house and in the entire case diary, there is no evidence against the petitioner. Petitioner has six criminal antecedent of similar nature of offence.

5.

Learned APP for the State opposed the prayer for bail by submitting that petitioner has six criminal antecedent of similar nature of offence and his name has come on the statement of the co-accused, as such, it is not a fit case for anticipatory bail. 6.

Considering the aforesaid facts and circumstances and the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T