Bali @ Bablu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1001 of 2024 Arising Out of PS. Case No.-112 Year-2023 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Bali @ Bablu Kumar S/O Jayprakash Mehta, Resident of Village Chandi Kathwa, Police Station- Sadar (Muffasil), District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 16-04-2024 Heard Mr. Amit Kumar Mishra, the learned counsel for the petitioner and Mr. Md. Shakir Ahmad, the learned Additional Public Prosecutor for the State.

2.

The petitioner is apprehending his arrest in connection with Katihar Muffasil PS Case No. 112 of 2023, FIR dated 01.06.2023, registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. 3.

According to prosecution case, the truck of the informant, which was loaded with maize crops was stolen by some unknown persons.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that petitioner is not named in the FIR and his name has transpired on the basis of confessional

Patna High Court CR. MISC. No.1001 of 2024(3) dt.16-04-2024 2/2 statement of the co-accused person namely, Md. Chand Alam. He lastly submits that except the aforesaid, no other material has come during investigation which suggests the involvement of the petitioner in the present case.

5.

The learned Additional Public Prosecutor for the State on the other hand on the basis of the materials available on record and the case diary has vehemently opposed the prayer for bail of the petitioner and submits that it has come in the paragraph no. 79 of the case diary that the pick up van which was used in crime in question has been recovered from the house of the petitioner and it has also been found that the pick up van was registered in the name of family member of the petitioner. 6.

Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Katihar Muffasil PS Case No. 112 of 2023, pending in the Court of Chief Judicial Magistrate, Katihar. 7.

Prayer is refused.

(Rajesh Kumar Verma, J) Shahnawaz/- U T