Patna High CourtCR. MISC./83936/2023dismissed

Chandan Kumar v. The State Of Bihar

2024-01-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83936 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- KAMTAUL District- Darbhanga ====================================================== Chandan Kumar S/O Shatrudhan Das R/O Village- Bahuara, P.S- Kamtaul, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Adv.

For the Opposite Party/s :

Mr. Tarun Prasad Mandal, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-01-2024 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Kamtaul P.S. Case No. 195 of 2023 dated 03.09.2023, registered for the offence punishable u/s 393 of the IPC, pending in the court of learned Chief Judicial Magistrate, Darbhanga.

3. Allegation against the petitioner is that he has tried to snatch motorcycle, mobile and cash from the informant on the point of arms, when informant was on his way to station.

4. The petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. The allegations levelled against the petitioner is general and omnibus in nature. Petitioner name has transpired on the confessional statement of the co-accused. Petitioner has no concern with the apprehended

Patna High Court CR. MISC. No.83936 of 2023(2) dt.11-01-2024 2/2 co-accused or with the present occurrence.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

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

7. However, if the petitioner surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. Considering that fact that the petitioner has no criminal antecedent.

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