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Patna High CourtCR. MISC./72264/2024dismissed

Painter Gope @ Painter Yadav @ Ravindra Yadav v. The State Of Bihar

2024-10-29Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72264 of 2024 Arising Out of PS. Case No.-717 Year-2022 Thana- KANKARBAG District- Patna ====================================================== Painter Gope @ Painter Yadav @ Ravindra Yadav S/o Prem Yadav @ Prem Nath R/o Mohalla- Chiraiyantad, Prithvipur, Gali No.02, P.S.- Kankarbagh, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Kumar Srivastva, Adv For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-10-2024 Heard the parties.

2.

The petitioner apprehends his arrest in connection with Kankarbagh P.S. Case No.717 of 2022, registered for the offence punishable under Sections 379, 411 of the Indian Penal Code.

3.

As per the FIR, some unknown persons stole the motorcycle of the informant. During the course of investigation, one person was apprehended by the police and he disclosed the name of the petitioner as one of his associate. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. The name of the petitioner

Patna High Court CR. MISC. No.72264 of 2024(2) dt.29-10-2024 2/2 transpired in the present case only on the basis of confessional statement of apprehended co-accused. Petitioner has three criminal antecedents out of which one is in similar nature of offence.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case, since the petitioner has one criminal antecedent in similar 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.

Accordingly, this application is dismissed.

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