Bittu Ray @ Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82424 of 2023 Arising Out of PS. Case No.-231 Year-2023 Thana- PANAPUR District- Saran ====================================================== BITTU RAY @ BITTU KUMAR S/O KASHI RAY R/O VILLAGEDHENUKI, P.O- DHENUKI, P.S- PANAPUR, DISTT.- SARAN AT CHAPRA- 841417.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jeetendra Narayan For the Opposite Party/s :

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-01-2024 Heard the parties.

2. The petitioner apprehends his arrest in connection with Panapur P.S. Case No.231 of 2023, registered for the offence punishable under Section 393 of the Indian Penal Code.

3. Allegedly, six persons armed with katta stopped the informant and tried to snatch his motorcycle but did not succeeded.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no recovery of any articles from the conscious possession of the petitioner. He submits that the

Patna High Court CR. MISC. No.82424 of 2023(2) dt.05-01-2024 2/2 petitioner is not named in the FIR, his name transpired in the present case on the basis of confessional statement of apprehended co-accused. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail. He further submits that the name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused. In this regard the ratio laid down by the Apex Court in the case of Indresh Kumar vs. State of Uttar Pradesh in Cr. APP. No.938 of 2022 may also be taken into consideration in which it has been observed that the statements made under Section 161 of Cr.PC. are relevant in considering the prima facie case against an accused in an application for grant of bail in cases of grave offence.

6. Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T