Sushil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75898 of 2024 Arising Out of PS. Case No.-192 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Sushil Kumar S/o Sunil Yadav @ Sunil Prasad Yadav R/o Village-Abdalpur Parriya, P.S.- Nardiganj, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party :

Mr.Sanjay Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 12-11-2024 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Nardiganj P.S. Case No. 192 of 2024, lodged on 28.06.2024, under Sections 341, 147, 149, 323, 506, 379 of the Indian Penal Code pending before the Court of Judicial Magistrate 1st Class, Nawada.

3. As per the prosecution, FIR has been lodged against three named and one unknown accused persons including the present petitioner against whom there is an allegation that they have forcefully taken the tempo of the informant and subsequently, returned it to him. It has also been alleged that they took away the informant's mobile phone and cash and also threatened to kill him.

Patna High Court CR. MISC. No.75898 of 2024(2) dt.12-11-2024 2/3

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that upon bare reading of the FIR, it become crystal clear that the said occurrence took place on 26.06.2024, but the FIR has been lodged on 28.06.2024, whereas the distance between the place of occurrence and Police Station is just 6 Km. Counsel further submits that the petitioner has unnecessarily been made accused in the present case only due to the reason that his criminal antecedents are not clean. There are nine criminal cases pending against the petitioner. Counsel further submits that the petitioner is ready to fulfill all conditions whatsoever shall be imposed to him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner is a person having nine criminal cases pending against him consistently since the year 2020 onwards.

6. In the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner is hereby rejected.

7. It is directed to the petitioner to surrender before the Trial Court within a period of four weeks from today. In case, the petitioner surrenders within four weeks, then the Trial

Patna High Court CR. MISC. No.75898 of 2024(2) dt.12-11-2024 3/3 Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner has been rejected by this Court and the Trial Court shall pass order on the merit of this case. (Dr. Anshuman, J) Aman Kumar/- U T