Patna High CourtCR. MISC./85951/2023dismissed

Krishna Ram v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85951 of 2023 Arising Out of PS. Case No.-817 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== Krishna Ram Son Of Late Naresh Ram @ Late Ramnaresh Ram Resident Of Village - Gahiri, P.S. - Nautan, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 413/414 of the Indian Penal Code.

3. Petitioner is said to have committed theft of motorcycle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that the petitioner has been made accused in this case on the basis of confessional statement of co-accused Chandan Kr. Yadav. He submits that no any incriminating article has been recovered from the possession of the petitioner. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

Patna High Court CR. MISC. No.85951 of 2023(2) dt.18-01-2024 2/2

5. Learned APP for the State opposes the prayer for bail submits that the witnesses have supported the prosecution case.

6. Considering the facts and circumstances of the case and the fact that the petitioner has one criminal antecedent of similar nature, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Bettiah (M) P.S. Case No. 817 of 2022.

7. However, if the petitioner surrenders before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order.

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