Patna High CourtCR. MISC./893/2023dismissed

Abhishek Kumar v. The State Of Bihar

2023-05-02Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.893 of 2023 Arising Out of PS. Case No.-206 Year-2021 Thana- SANGRAMPUR District- East Champaran ====================================================== Abhishek Kumar S/O Rajendra Paswan R/O Village- Barwat Sena, Tola Loharpatti, P.S.- Bettiah Muffasil, Distt- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Sangrampur P.S. Case No. 206 of 2021 registered for the offences punishable under Sections 392 and 414 of the Indian Penal Code pending in the Court of learned C.J.M., East Champran at Motihari. As per the prosecution case, allegation against the petitioner is that he along with other accused persons committed robbery with the informant.

Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature.

Patna High Court CR. MISC. No.893 of 2023(2) dt.02-05-2023 2/2 He submit that the petitioner is not named in the F.I.R. and during the course of investigation co-accused, who was apprehended at spot, has disclosed the involvement of this petitioner in the alleged occurrence. The petitioner has got no criminal antecedent as mentioned in para-3 of the bail application.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

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