Vikki Paswan @ Sandeep Kumar Bharti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78783 of 2023 Arising Out of PS. Case No.-493 Year-2023 Thana- SHEKHPURA District- Sheikhpura ====================================================== Vikki Paswan @ Sandeep Kumar Bharti Son Of Vijay Paswan Resident Of Village Belchi Ps Ariyari District Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Nandan Prasad, Adv.
For the Opposite Party/s :
Mr. Mukesh Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-12-2023 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Sheikhpura P.S. Case No. 493 of 2023, dated 28.07.2023, registered for the offence punishable u/s 379, 414 of the I.P.C., pending in the court of learned Chief Judicial Magistrate, Sheikhpura.
3. The prosecution case, in brief, is that police received a secret information about a person who standing in the park with a stolen hero splendor motorcycle, police reached on the spot. On seeing, the police he started to fleeing away with the motorcycle but he caught and disclosed his name as Niranjan Kumar. He told that the alleged motorcycle is his own but did not show any papers. On search, one mobile was recovered
Patna High Court CR. MISC. No.78783 of 2023(2) dt.11-12-2023 2/3 from the possession of Niranjan Kumar. He told that Vikki Paswan, Petitioner also involved in the present case. The recovered motorcycle and mobile are stolen. It is worth mentioning that in relation to the recovered motorcycle from Niranjan Kuamr, a case has already been registered on 27.10.2022 Pakribarawa P.S. Case No. 521 of 2022.
4. The petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegation levelled against the petitioner is general and omnibus in nature. He further submits that petitioner is not involved in the present case, one person was apprehended who disclosed the name of the petitioner and petitioner is also involved in the present case. Petitioner has one criminal antecedent as mentioned in para 3 of this application.
5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.
6. Considering the facts and circumstances of case, the nature of offence is serious, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.
Patna High Court CR. MISC. No.78783 of 2023(2) dt.11-12-2023 3/3
7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. (Anjani Kumar Sharan, J) annpurna/- U T