Petitioner sought pre-arrest bail in a case where he and others, posing as sales tax officials at knifepoint, allegedly looted the informant's truck. His name surfaced during investigation though absent from the FIR. The court noted a criminal antecedent and refused anticipatory bail.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3074 of 2020
Arising Out of PS. Case No.-450 Year-2019 Thana- KANTI District- Muzaffarpur
======================================================
AKASH KUMAR Son of Late Badan Patel @ Badan Raut Resident of Village- Bhaluwahiya, P.S.- Adapur, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Umesh Chandra Verma For the Opposite Party/s : Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
7 20-03-2023
Heard learned counsel for the petitioner and the
State.
Petitioner apprehends arrest in a case registered for the offence punishable under Section 395 of the IPC.
As per the prosecution case, this petitioner along with other accused persons claiming to be sales tax officials, on the point of knife and fire arms, took away truck of the informant.
It is submitted that petitioner is not named in the FIR, and his name transpired during course of investigation. The petitioner is simply a victim of false implication in this case due to suspicion.
Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner has got one criminal antecedent. There is specific allegation that this petitioner along
Patna High Court CR. MISC. No.3074 of 2020(7) dt.20-03-2023 2/2
with other accused persons on the point of pistol looted truck of informant.
Considering the aforesaid facts of the case, prayer for bail of the petitioner is refused with direction to the petitioner to surrender and seek regular bail, which would be disposed of on its own merit without being prejudiced by this order.
(Prabhat Kumar Singh, J)
asmit/-
U T
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a robbery case under Section 395 IPC.
1 provisions across 1 enactments
Akash Kumar
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
