Amit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68770 of 2023 Arising Out of PS. Case No.-258 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Amit Kumar Son Of Ajay Sah Resident Of Village- Sansarpur, Ps- Khagaria Muffasil District -KHAGARIA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amar Kumar Singh For the Opposite Party/s :
Mr.Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 457, 380 of the Indian Penal Code.
3. As per FIR, some unknown accused persons have committed theft in the house of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused which has no evidentiary value in the eye of law. He submits that the petitioner was not put on T.I.P. He further submits that petitioner has two criminal antecedent as stated in para-3 of the bail application.
Patna High Court CR. MISC. No.68770 of 2023(3) dt.06-11-2023 2/2
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case and the fact that the petitioner has criminal antecedent of similar nature, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Khagaria (Muffasil) P.S. Case No. 258 of 2023.
6. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.
(Anjani Kumar Sharan, J) devendra/- U T