Anshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78062 of 2024 Arising Out of PS. Case No.-73 Year-2024 Thana- TISIAUTA District- Vaishali ====================================================== Anshu Kumar Son of Sanjit Sahani village -Bijharauli Kharwan, Ward no 12, P.S.- Tisiauta, Dist -Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-11-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Tisiauta PS case no. 73 of 2024, disclosing offences punishable under Section 309(4) of the B.N.S. Act, 2023. 3.

The prosecution story, as per the First Information Report, is that on 11.04.2024 at about 3:30 am, the informant along with his relatives were returning from a marriage ceremony. When they were passing near a temple, four persons surrounded them, abused them and snatched the motorcycle and a drone camera worth Rs. 2 lacs.

4.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of confessional statement of co-accused Rahul Kumar.

Patna High Court CR. MISC. No.78062 of 2024(2) dt.28-11-2024 2/2 He further submits that nothing has been recovered or seized from the conscious possession of the petitioner. The petitioner is stated to be having clean antecedent.

5.

Heard learned counsel for the parties and perused the impugned order. It is apparent that confessional statement of co-accused Rahul Kumar has been recorded in paragraph no. 55 of the case diary, in which, he disclosed the complicity of the petitioner in the alleged offence. The First Information Report itself shows that four accused persons intercepted the informant, opened fire and forcefully took away his motorcycle and drone camera.

6.

In the facts and circumstances of the case, I am not inclined to grant the petitioner, privilege of anticipatory bail.

7.

The prayer for anticipatory bail is, accordingly, rejected.

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