Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60670 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- BIHARSHARIF District- Nalanda ====================================================== CHHOTU KUMAR Son of Jawahar Sao Resident of Mohalla- Sohsarai, P.S.- Sohsarai, District- Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Chandra For the Opposite Party/s :

Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Bihar P.S.Case No.73 of 2017 registered for offences punishable under Section 395 of the Indian Penal Code. There is allegation that some miscreants intercepted the truck of the informant and took away the same along with the articles.

Submission of the learned counsel for the petitioner is that name of the petitioner transpires on the basis of confessional statement of the co-accused but nothing has been recovered from him as well as later on the informant has named this petitioner, as such he has been falsely implicated in this case due to enmity .

Heard learned A.P.P. , who has opposed the prayer for bail

Patna High Court CR. MISC. No.60670 of 2019(2) dt.24-09-2019 2/2 on the ground that in the confessional statement name of the petitioner transpired as well as he is accused in in one more case of Section 395 of the IPC..

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T