Vicky Kumar @ Mohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11353 of 2025 Arising Out of PS. Case No.-32 Year-2021 Thana- MADANPUR District- Aurangabad ====================================================== Vicky Kumar @ Mohit Kumar S/O Ganpat Saw R/O Village- Kumbhi, P.S.- Warsaliganj, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mukul Kumari For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-03-2025

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 Madanpur Police Station Case No. 32 of 2021, dated 02.02.2021, disclosing offences under Sections 392 of the Indian Penal Code but later on Section 412 of the IPC has been added vide order, dated 05.02.2021, passed by learned Chief Judicial Magistrate, Aurangabad.

3. The prosecution case, as per the First Information Report, is that on 01.02.2021, at night, the informant, who is driver and conductor of the truck, bearing registration no. JH02-T-4486, having 250 quintals of sugar, was sleeping in the truck after parking the same on road side. In the meanwhile, some miscreants arrived there and abduced

Patna High Court CR. MISC. No.11353 of 2025(2) dt.28-03-2025 2/3 both of them in another four wheeler vehicle and took away the truck, in question. After some time the informant-driver and conductor of the truck were thrown out of the four wheeler vehicle.

4. Learned counsel for the petitioner submits that the petitioner is having clean antecedent and his name has appeared on disclosure by the arrested co-accused Warish Ahmad and Nasir in their confessional statement. She further submits that nothing has been recovered from the possession of the petitioner.

5. I have heard learned counsel for the parties and have perused the materials available on records, including the impugned order.

6. It appears that during the course of investigation, Warish Ahmed and Nasir were arrested by the police, who in their confessional statement has disclosed that after committing the crime they had given the looted truck and sugar to Sagar Kumar and his associate i.e. the petitioner in Rajgir. 05 sacks of sugar having 50 Kg each have been recovered from the house of the petitioner.

7. Considering the fact that upon disclosure made by the arrested co-accused persons, looted sugar has been

Patna High Court CR. MISC. No.11353 of 2025(2) dt.28-03-2025 3/3 recovered from the house of the petitioner, I am not inclined to grant the petitioner privilege of anticipatory bail.

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