Ajay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83738 of 2023 Arising Out of PS. Case No.-152 Year-2022 Thana- SAMSTIPUR RAIL P.S DistrictSamastipur ====================================================== 1.
Ajay Kumar S/O Late Kusheshwar Paswan Village- Halna, Ps. Bithan, Dist. Samastipur, Bihar-848207 2.
Saheb Paswan @ Sahev Paswan S/O Late Kusheshwar Paswan VillageHalna, Ps. Bithan, Dist. Samastipur, Bihar-848207 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Piyush Kumar Pandey For the Opposite Party/s :
Mr.Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-01-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioners seek anticipatory bail in connection with Samastipur Rail P.S. Case No. 152 of 2022, registered for the offence punishable under Section 379 of the Indian Penal Code.
3. As per F.I.R., allegation against the petitioners is of theft of motorcycle.
4. Learned counsel for the petitioners submit that the petitioners have falsely been implicated in the present case. Petitioners have one criminal antecedent in which they are on bail mentioned in Para 3 of the bail application. The name of the
Patna High Court CR. MISC. No.83738 of 2023(2) dt.09-01-2024 2/2 petitioners transpired on the basis of confessional statement of co-accused Vibhishan Kumar. Two motorcycles were recovered which was standing near the Petrol Pump. He further submits that from the petitioners house no incriminating articles were recovered.
5. Learned APP has opposed the prayer for bail and submits that the name of the petitioners have been surfaced on the basis of confessional statement of co-accused Vibhishan Kumar.
6. Considering the aforesaid submission of the parties and also the nature of the offence, I am not inclined to grant anticipatory bail to the petitioners.
7. Hence, their prayer for anticipatory bail stands rejected.
(Anjani Kumar Sharan, J) Ranjeet/- U T