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Patna High CourtCR. MISC./78188/2024bail rejected

Sandeep Kumar @ Sandeep Kumar Yadav v. The State Of Bihar

2024-12-03Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78188 of 2024 Arising Out of PS. Case No.-890 Year-2019 Thana- BETTIAH CITY District- West Champaran ====================================================== Sandeep Kumar @ Sandeep Kumar Yadav S/O Shambhu Rai Resident of village - Bagaha P.S- Gohrashan, District - West champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2024 1.

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

This application, for grant of anticipatory bail, arises out of Bettiah Town Police Station Case No. 890 of 2019, dated 05.12.2019, disclosing offences punishable under Section 379 of the Indian Penal Code.

3.

The prosecution case, as per the First Information Report, is that on 02.12.2019 at about 7 pm, the informant parked his Bolero vehicle in front of his gate and also locked it properly. But on the next day, he found that the said Bolero vehicle was stolen by unknown persons.

4.

Learned Counsel for the petitioner submits that petitioner is not named in the F.I.R. and he has falsely been

Patna High Court CR. MISC. No.78188 of 2024(2) dt.03-12-2024 2/2 implicated in this case on the basis of confessional statement of co-accused. He further submits that nothing has been recovered from the possession of the petitioner. He also submits that petitioner has got one criminal antecedent of the similar nature of offence, in which, he is on bail.

5.

Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has criminal antecedent of similar nature of offence and the name of the petitioner has transpired in the confessional statement of co-accused, during investigation, I am not inclined to grant the petitioner privilege of anticipatory bail. 6.

This application is, accordingly, dismissed.

(Anil Kumar Sinha, J) rinkee/- U T