Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70442 of 2022 Arising Out of PS. Case No.-325 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== SUNIL KUMAR SON OF FULO RISHIDEO R/O WARD NO.4, SHEIKHPURA, P.S.- SHEIKHPURA, DISTRICT- MADHEPURA. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patla Kumari For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-01-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioner apprehends his arrest in connection with Kumarkhand P.S. Case No.325 of 2021, registered for the offences punishable under Sections 392/34 of the Indian Penal Code.

The petitioner alongwith other co-accused persons is said to have snatched the mobile and Rs.28,000/- cash from the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application. It is further submitted that there is no eye witness of

Patna High Court CR. MISC. No.70442 of 2022(2) dt.31-01-2023 2/2 the occurrence and only on suspicion the petitioner has been made accused in the instant case.

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

Considering the nature of offence, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.

However, if petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner preferably on the same day without being prejudiced by this order.

(Anjani Kumar Sharan, J) S.KUMAR/- U T