Patna High CourtCR. MISC./78284/2024dismissed

Madan Kumar Yadav v. The State Of Bihar

2024-11-21Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78284 of 2024 Arising Out of PS. Case No.-54 Year-2024 Thana- KAMTAUL District- Darbhanga ====================================================== Madan Kumar Yadav Son of Bauku Yadav @ Balku Yadav Resident of Village- Kayamchak Bhojpatti, P.S.- Keoti, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Kamtaul P.S. Case No. 54 of 2024 registered under Section 392 of the Indian Penal Code.

3. As per prosecution case, on 01-03-2024 pick up vehicle bearing registration No. BR07GA7081 loaded with milk, curd, Paneer, Peda, Lassi and mobile phones and cash amount of Rs.1,50,000/- of one Dinbandhu Yadav was robbed by four unknown culprits.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to oblique motive. Further submission is that petitioner is not named in the FIR.

Patna High Court CR. MISC. No.78284 of 2024(2) dt.21-11-2024 2/2 His name has come merely on the confessional statement of coaccused Aman Kumar. Nothing has been recovered from the conscious possession of the petitioner.

5. Learned counsel for the State vehemently opposed the prayer for bail of the petitioner and submits that petitioner has got one criminal antecedent of similar nature. Hence, petitioner does not deserve to be enlarged on anticipatory bail.

6. Considering the nature of accusation, gravity of offence and the fact that petitioner has got one criminal antecedent of similar nature, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

(Anjani Kumar Sharan, J) utkarsh/- U T