Vikash Kumar @ Vickky v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15190 of 2015 Arising Out of PS.Case No. -1 Year- 2015 Thana -GAYA GRP CASE District- GAYA ====================================================== Vikash Kumar @ Vickky S/o Late Bhuneshwar Prasad Resident of Mohalla Duhinganj, P.S. Kotwali, District Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Ajay Kumar No.1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-05-2015 Heard both sides.
The petitioner apprehends his arrest in a case under Section 3 of the R.P.(U.P.) Act.
Learned counsel for the petitioner submits that three persons, namely, Sumit Kumar @ Vikash, Suraj Kumar and Awadhesh Kumar were apprehended. It is submitted that the petitioner is not named in the F.I.R. Name of the petitioner figured in the case in the confessional statement of Birbal Kumar. Admittedly, the petitioner was not indulged in committing theft of copper wire connector from the battery fitted in railway coaches. According to the disclosure made by Birbal Kumar, the petitioner Vikash Kumar @ Vickky was carrying the theft copper wire for selling in the market but Birbal Kumar was apprehended and the petitioner managed to flee away. It is submitted that it is the
Patna High Court Cr.Misc. No.15190 of 2015 (2) dt.14-05-2015 2/2 handy-work of the police. The petitioner has got no criminal antecedent.
Considering the facts that the copper wire was stolen by Sumit Kumar, Suraj Kumar and Awadhesh Kumar and Birbal Kumar confessed his guilt and disclosed the name of the petitioner and said that he and the petitioner were carrying away the theft copper wire when Birbal Kumar was apprehended and the petitioner managed to flee away, I am not inclined to enlarge the above named petitioner on anticipatory bail in Gaya R.P.F. Post Case No. 1/15. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T