Golu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72420 of 2023 Arising Out of PS. Case No.-673 Year-2022 Thana- PARSABAZAR District- Patna ====================================================== Golu Kumar S/o of OM Prakash Prasad @ Nippu, Resident of Village - Dharaychak, P.s. - Parsa Bazar, District- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Section 392 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, two young persons came into the show room of the informant and on the point of country made katta they robbed away about Rs. 60,000-65,000/- from the counter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is not named in the FIR. He submits that on the basis of the confessional statement the petitioner has been made accused in this case. He further submits that there is no recovery from the conscious possession

Patna High Court CR. MISC. No.72420 of 2023(2) dt.30-11-2023 2/2 or from the house of the petitioner. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Parsa Bazar P.S. Case No. 673 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

7. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seeks regular bail, the learned Court below would pass the order, preferably, on the same day, without being prejudiced by this order considering the fact that petitioner has no criminal antecedent.

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