Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76583 of 2024 Arising Out of PS. Case No.-424 Year-2024 Thana- ARA NAWADA District- Bhojpur ====================================================== Pintu Kumar Son of Upendra Singh Resident of village- Khaneth P.S.- Pawana District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2024 Heard Mr. Ajay Kumar Singh, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 363 of the Indian Penal Code and further added Sections 302 & 201/34 vide order dated 06.07.2024.

3. The elder brother of the informant went from his house and had not returned till evening. When the family members of the informant tried to call him at his number, they found his mobile switched off and the brother of the informant could not be traced.

4. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in this case on the confessional statement of

Patna High Court CR. MISC. No.76583 of 2024(2) dt.12-11-2024 2/2 co-accused, Karan Kumar, which has no evidentiary value in the eye of law. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. None of the witnesses have confessed the name of the petitioner. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State vehemently opposing the bail petition submitted that considering the nature of the allegation, the petitioner does not deserve anticipatory bail.

6. Considering the facts and circumstances of case and the nature of the allegation, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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