Raushan Dhankar @ Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4712 of 2024 Arising Out of PS. Case No.-527 Year-2023 Thana- GHORASAHAN District- East Champaran ====================================================== Raushan Dhankar @ Raushan Kumar S/O MAHESH DHANKAR VILLAGE- HANUMAN NAGAR, PS. GHORASAHAN, DIST. EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Karandeep Kumar For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-02-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Ghorasahan Police Station Case No. 527 of 2023, dated 13.09.2023, disclosing offences under Sections 380/457 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 08.09.2023, the informant received information on mobile from one Saheb, who informed the informant that the shopkeeper, namely, Smt. Premsagri Devi, told him that the back door of house of the informant was opened and theft has been committed in that house and the unknown thieves have stolen household articles

Patna High Court CR. MISC. No.4712 of 2024(2) dt.17-02-2024 2/3 including refrigerator, TV, utensils, clothes, ornaments, LPG cylinder etc.

4. Learned Counsel for the petitioner submits that the name of the petitioner has come in this case on the basis of confessional statement made by the co-accused. He further submits that no incriminating and/or stolen articles has been recovered from the possession of the petitioner.

5. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for bail and submits that the co-accused is father of the petitioner, who was arrested and on disclosure made by him, the stolen articles were recovered from the house of the petitioner and his father and from a pond situated near the house of the petitioner.

6. I have heard learned counsel for the parties and have gone through material available on record, including the impugned order. On the basis of disclosure made by the father of the petitioner, the stolen articles have been recovered from the house of the petitioner and his father. The stolen articles have also been recovered from a pond situated near the house of the petitioner. The petitioner's father has disclosed about the involvement of the

Patna High Court CR. MISC. No.4712 of 2024(2) dt.17-02-2024 3/3 petitioner in the theft, accordingly, I am not inclined to grant anticipatory bail to the petitioner.

7. This application is, accordingly, rejected. (Anil Kumar Sinha, J) ashwani/- U T