Anand Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1323 of 2024 Arising Out of PS. Case No.-259 Year-2022 Thana- GORAUL District- Vaishali ====================================================== Anand Kumar Son of Subodh Kumar Singh Vill-Byaschak PS-Goraul DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Deepak Kumar, Adv For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-03-2024 Heard Mr. Deepak Kumar, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP for the State.

2. The petitioner apprehend his arrest in connection with Goraul P.S. Case No.259 of 2022, registered for the offence punishable under Section 302, 120B, 506, 34 of the Indian Penal Code and 27 of Arms Act.

3. Allegedly, the petitioner is said to have been involved in the murder of the son of informant.

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 levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR, his name transpired in the present case on the basis of confessional statement of apprehended co-accused namely, Prabhat Kumar. He

Patna High Court CR. MISC. No.1323 of 2024(3) dt.21-03-2024 2/2 further submits that the mother of the deceased was also present at the spot but she has not disclosed the name of the petitioner. Petitioner has no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail. He further submits that the name of the petitioner has transpired in the present case on the basis of confessional statement of co-accused. In this regard the ratio laid down by the Apex Court in the case of Indresh Kumar vs. State of Uttar Pradesh in Cr. APP. No.938 of 2022 may also be taken into consideration in which it has been observed that the statements made under Section 161 of Cr.PC. are relevant in considering the prima facie case against an accused in an application for grant of bail in cases of grave offence.

6. Having regard to the facts and circumstances of the case, 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. (Anjani Kumar Sharan, J) shikha/- U T