Md Raja Alias Raja v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17546 of 2021 Arising Out of PS. Case No.-89 Year-2020 Thana- PAHARKATTA District- Kishanganj ====================================================== MD RAJA ALIAS RAJA, SON OF MUKHTAR ALAM, RESIDENT OF VILLAGE-SITAJHARI PS- PAHARKATTA, DISTRCIT KISHANGANJ ... Petitioner

Versus

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

For the Petitioner :

Mr. Ram Prawesh Kumar, Adv.

For the Opposite Party :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2021 The learned counsel for the petitioner prays and is allowed to make necessary correction in paragraph 3 of the application regarding the criminal antecedent of the petitioner. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. Learned counsel for the petitioner is expected to honour his undertaking given in the instant case for depositing the requisite Court fee and to remove the defects as pointed out by the office when called upon to do so by the office. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 356, 379 and 411 of the Indian Penal Code.

The prosecution case relates to snatching the mobile phone by the accused persons. The case against this petitioner is that he is accompanied with two co-accused who were

Patna High Court CR. MISC. No.17546 of 2021(2) dt.13-12-2021 2/2 apprehended by the public. After apprehending, the co-accused could have disclosed the name of the petitioner. Apprehended co-accused were handed over to the police by the public. The petitioner has complicity in this case.

It is submitted on behalf of the learned counsel for the petitioner that he is not apprehended on spot, but his name was disclosed by the apprehended co-accused.

After considering the facts and circumstances of the case, I am not inclined to grant the privilege of anticipatory bail to the petitioner. Hence, the prayer for anticipatory bail is rejected.

The petitioner is directed to surrender before the Court below and pray for regular bail and the learned lower Court may consider his submission that he is not apprehended on spot, without being prejudiced of this order. (Sunil Kumar Panwar, J) Shamshad/- U T