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Patna High CourtCR. MISC./14166/2023bail rejected

Rajesh Singh @ Rajesh Kumar Singh v. The State Of Bihar

2023-07-11Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14166 of 2023 Arising Out of PS. Case No.-261 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== RAJESH SINGH @ RAJESH KUMAR SINGH SON OF BHAGWAT SINGH R/O VILLAGE- KASMA MARAR, P.S.- KHAJAULI, DISTRICTMADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gagan Deo Yadav Mr. Ravi Prakash Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 11-07-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Rajnagar P.S. Case No.261 of 2021, registered for the offence punishable under Sections 395, 397 of the Indian Penal Code and in fardbeyan mentioned under section 392 of the IPC. The allegation against the petitioner is that he along with other co-accused persons snatched mobile phone and motor cycle from the informant on gun point.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation

Patna High Court CR. MISC. No.14166 of 2023(3) dt.11-07-2023 2/2 levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR, he has been made accused in the present case on the basis of statement of apprehended co-accused, namely, Rahul Kumar Singh. He further submits that no incriminating articles has been recovered from the possession of the petitioner or from the house of the petitioner. Petitioner has four criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T