Shivam Kumar @ Shivam Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2822 of 2023 Arising Out of PS. Case No.-332 Year-2021 Thana- JAMUI District- Jamui ====================================================== SHIVAM KUMAR @ SHIVAM RAJ S/o Muneshwar Mahto R/o Village and P.O.- Kakan, P.S.- Jamui, Distt- Jamui.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Rabi Bhushan, Advocate For the State :
Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner apprehends his arrest in connection with Jamui P.S. Case No.332 of 2021, registered for the offence punishable under Section 392 of the Indian Penal Code. The accusation is of snatching Rs.5000/- cash, mobile phone and motorcycle from the informant.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner has got no criminal antecedent as stated in paragraph-3 of the bail petition. It is further submitted that the petitioner is not named in the FIR. During investigation, co-accused, Nitish Kumar was apprehended who disclosed the name of the petitioner. The motorcycle and mobile phone have
Patna High Court CR. MISC. No.2822 of 2023(2) dt.17-03-2023 2/2 been recovered from co-accused, Nitish Kumar. The learned APP for the State opposed the prayer for grant of anticipatory bail to the petitioner by submitting that the apprehended accused disclosed the name of the petitioner. Taking into consideration the facts that apprehended accused disclosed the name of the petitioner and looted motorcycle and mobile phone have been recovered from possession of co-accused, Nitish Kumar, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for grant of anticipatory bail to the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) S.KUMAR/- U T