Avanish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67106 of 2022 Arising Out of PS. Case No.-27 Year-2022 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== AVANISH KUMAR Son of Lal Babu Prasad R/V- Harnathpur, P.OHarnathpur, P.S- Pakri Dayal, Dist- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pravin Kumar For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 25-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sahebganj P.S. Case No. 27 of 2022 registered for the offences punishable under Section 392 of the Indian Penal Code.

Some unknown miscreants are said to have looted away the loaded truck.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case at the instance of some influential persons who have inimical term with petitioner's family. The petitioner is a Kirana shopkeeper and has been dragged in this case on the confessional statement of his father which was forcibly taken by the police. It is further submitted

Patna High Court CR. MISC. No.67106 of 2022(2) dt.25-02-2023 2/2 that the petitioner was on police bail but after submitting charge sheet under Section 395 and 412 IPC he has moved before this court. It is further submitted that petitioner is not named in the F.I.R. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has no criminal antecedent.

Learned APP for the State vehemently opposed the bail petition.

Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, the petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) Trivedi/- U T