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Patna High CourtCR. MISC./75055/2023dismissed

Ankit Kumar v. The State Of Bihar

2023-12-05Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75055 of 2023 Arising Out of PS. Case No.-84 Year-2023 Thana- MOKAMAH District- Patna ====================================================== ANKIT KUMAR S/o GOPAL SINGH @ GOPAL KUMAR R/o vill - Mor, P.s. - Mokama, Distt. - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mrs. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-12-2023 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 Sections 379 and 34 of the Indian Penal Code pending in the learned court below.

3. Allegation against the petitioner is that he along with two other co-accused persons theft the motorcycle of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no recovery from the possession or from the house of the petitioner. He submits that the guard identified the petitioner and other co-accused persons. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.75055 of 2023(2) dt.05-12-2023 2/2

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 facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Mokama P.S. Case No. 84 of 2023. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T