Patna High CourtCR. MISC./71590/2022dismissed

Sunil Paswan v. The State Of Bihar

2023-02-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71590 of 2022 Arising Out of PS. Case No.-364 Year-2019 Thana- BAJPATTI District- Sitamarhi ====================================================== SUNIL PASWAN Son of Kishori Paswan R/v- Ishopur, P.S.- Bajpatti, DistSitamarhi. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard both sides.

The petitioner apprehends his arrest in connection with Bajpatti P.S. Case No.364 of 2019, registered for the offences punishable under Sections 379/34 of the Indian Penal Code.

The prosecution case, in brief, is that on 20.10.2019 at about 11.10 p.m., the petitioner alongwith other co-accused persons committed theft of 35 he-goats from the Khatal of the informant and a battery of Vijay Company from the tower situated at his land.

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

Patna High Court CR. MISC. No.71590 of 2022(2) dt.02-02-2023 2/2 application. It is further submitted that the petitioner is working in the Electricity Department as a lineman. The offence under Section 379 is not made out against the petitioner. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner by submitting that the petitioner is also involved in the present case which is clear from the impugned order.

Considering the facts aforesaid, 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.

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