Kanhaiya Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74016 of 2022 Arising Out of PS. Case No.-132 Year-2022 Thana- THAKURGANJ District- Kishanganj ====================================================== 1.
KANHAIYA PRASAD SAH S/O SHYAMLAL SAH Resident of VillageSabour, P.S. and District- Bhagalpur. 2.
SAJAN KUMAR SAH S/O SURENDRA PRASAD SAH Resident of Village- Sabour, P.S. and District- Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pravin Kumar Sinha For the Opposite Party/s :
Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners apprehend their arrest in connection with Thakurganj P.S. Case No.132 of 2022, registered for the offence punishable under Section 392 of the Indian Penal Code. The prosecution case, in brief, is that on 03.08.2022, two unknown persons entered into the house of the informant and snatched earring from the wife of the informant on the point of knife.
Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is submitted that the petitioners have got no
Patna High Court CR. MISC. No.74016 of 2022(2) dt.28-03-2023 2/2 criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the petitioners were identified by the informant in CCTV footage. No T.I. parade was held. It is submitted that no incriminating article has been recovered from the house of the petitioners or from the conscious possession of the petitioners.
Learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioners. Considering the fact that petitioners were identified by the informant in CCTV footage, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioners is hereby rejected. (Anjani Kumar Sharan, J) S.KUMAR/- U T