Sukul Ram @ Sukul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84585 of 2024 Arising Out of PS. Case No.-133 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== Sukul Ram @ Sukul Kumar Son of Dharam Nath Ram @ Dharmnath Ram Resident of Village Lachhi Kharea, P.S- Gopalpur, Distt- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Saurabh Kumar, Advocate For the Opposite Party/s :
Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-12-2024 Heard learned counsels for the parties.
2.
The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No.133 of 2024, registered for the offence punishable under Sections 414, 34 of the Indian Penal Code. 3.
As per the FIR, co-accused Chandra Shekhar Pandey was caught by the police. A mobile with two sim card was recovered from his pocket and one motorcycle was also recovered. When the papers of the said motorcycle was demanded by the police, he did not produce any paper and said that he has purchased the said motorcycle from the petitioner at Rs.4000/-. 4.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has 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
Patna High Court CR. MISC. No.84585 of 2024(2) dt.16-12-2024 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. There is no recovery from the possession of the petitioner. Petitioner is neither the owner nor the seller of the seized motorcycle. Petitioner has two criminal antecedents. 5.
Learned APP for the State opposed the prayer for anticipatory bail.
6.
Having regard to the facts and circumstances of the case as well as considering the nature of offence, 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.
8.
However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.
(Anjani Kumar Sharan, J) shikha/- U T