Ritesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12112 of 2022 Arising Out of PS. Case No.-598 Year-2021 Thana- MUFFASIL District- West Champaran ====================================================== RITESH KUMAR Son of Sri Shyamakant Prasad Resident of Village - Saraswati Nagar, Ward No. 13, P.S. - Bettiah Muffasil, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, be removed within a period of four weeks.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 394, 412, 279, 337, 338 of the Indian Penal Code.

The informant alleges that on 16.10.2021 at about 10:00 p.m. he along with one Kanhaiya Prasad was going to his village by a Scorpio vehicle when they were intercepted by motorcycle borne criminals who forcefully looted the Scorpio and started fleeing but met with an accident when police arrived, it is next alleged that one of the accused was apprehended at the spot and rest of the accused persons fled away, further the apprehended accused disclosed the name of this petitioner as one

Patna High Court CR. MISC. No.12112 of 2022(2) dt.13-09-2022 2/2 of the accused who participated in the occurrence of loot. Learned counsel for the petitioner submits that petitioner has antecedent of one case and has been falsely implicated in the present case, it is next submitted that his name transpired in the confessional statement of co-accused which has no evidentiary value and petitioner is a student. Learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner and submits that the apprehended accused was arrested at the spot while fleeing as the vehicle met with an accident and at the place of occurrence itself he disclosed the name of the petitioner as one of the accused who participated in the occurrence and as far as the submission of the learned counsel for the petitioner that petitioner is a student is concerned, the same is not substantiated by any documentary evidence on record.

Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Bettiah Muffasil P.S. Case No. 598 of 2021.

(Satyavrat Verma, J) gauravkr/- U T