Alok Singh @ Alok Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.330 of 2024 Arising Out of PS. Case No.-90 Year-2019 Thana- BARURAJ District- Muzaffarpur ====================================================== Alok Singh @ Alok Kumar S/o Late Tej Narayan Singh @ late Tej Narayan Kumar R/o Village-Nawada,P.S.- Sahebganj, District-Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Baruraj P.S. Case No.90 of 2019, registered for the offence punishable u/s 392 of the IPC.

3.

Allegedly, four unknown persons sitting on a motorcycle chased the informant and on the point of pistol snatched the motorcycle of the informant and fled away.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He is not named in the F.I.R. and has been falsely implicated in this case due to ulterior motive. His name transpired in this case on the confessional statement of co-accused persons who were apprehended during investigation. No incriminating article has

Patna High Court CR. MISC. No.330 of 2024(2) dt.06-02-2024 2/2 been recovered from the conscious physical possession of the petitioner. Petitioner has one criminal antecedent. 5.

Learned APP for the State opposed the prayer for bail by relying upon the order of the Apex Court in the case of Indresh Kumar v/s The State of UP & Anr. In Criminal Appeal no.938 of 2022, whereby it was observed that statements made under section 161 Cr.P.C. are relevant in considering the prima facie case against an accused in an application for grant of bail in the case of grave offence.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

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